Appeal No. 94-3910
Application No. 07/966,615
offered by the examiner in his answer to appellants’ arguments
that Sugiura does not disclose the claimed slots is as
follows:
Since the nature of the claim language
can not be determined, the rejection
under 35 USC 103 may be properly
applicable to the claims once they are
definite within the meaning of 35 USC
112 [answer, page 7] (emphasis added).
Since it is essential in applying the prior art to
independent claim 21 that one understands the meaning of the
claim language, and since the examiner admittedly did not
understand some of the recitations of claim 21, we are
constrained to hold that the examiner has failed to properly
establish a prima facie case of obviousness. Accordingly, we
reverse the § 103 rejection of claim 21 and the rejection of
claims 22-28 which ultimately depend from claim 21.
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