Ex parte COLLINS - Page 3




                Appeal No. 96-3919                                                                                                            
                Application 08/224,163                                                                                                        


                         The references of record relied upon by the examiner in                                                              
                support of a rejection under 35 U.S.C.  103 are:                                                                             
                Neidhardt et al. (Neidhardt) 3,733,139                                     May 15, 1973                                       
                British Patent (Downes)                           8,626                    May 20, 1891                                       
                German Patent (Manzardo)                          13,735                   May 17, 19563                                      
                         Claims 12 and 13 stand rejected under 35 U.S.C.  112,                                                               
                second paragraph, “as being indefinite for failing to                                                                         
                particularly point out and distinctly claim the subject matter                                                                
                which applicant regards as the invention” (answer, page 3).                                                                   
                         Claims 1-5 and 12-14 stand rejected under 35 U.S.C.  103 as                                                         
                being unpatentable over British Patent No. 8,626 to Downes in                                                                 
                view of German Patent No. 13,735 to Manzardo and further in view                                                              
                of Neidhardt.                                                                                                                 
                              The 35 U.S.C.  112, Second Paragraph, Rejection                                                                
                         Considering first the 35 U.S.C.  112, second paragraph,                                                             
                rejection, the examiner correctly notes that the term “said blade                                                             
                portion” in claim 12 and the term “said arm portion” in claim 13                                                              
                lack a proper antecedent basis.  Based on these examples of claim                                                             
                deficiencies, the examiner concludes that claims 12 and 13 are                                                                
                indefinite.                                                                                                                   



                         3Our understanding of this German language patent is derived                                                         
                from a translation prepared in the Patent and Trademark Office, a                                                             
                copy of which is appended to this opinion.                                                                                    
                                                                    -3-                                                                       




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