Appeal No. 95-2535
Application 07/987,127
is a variation on a process described in Pagani. In this
specification Pagani is referred to as European Patent
Application No. 91116297.2. The application was published as
Publication No. 0479103 on April 8, 1992 and constitutes the
single reference applied by the examiner.
Discussion
Having considered the entire record in this appeal, we
have determined that the claims presented are indefinite under
35 U.S.C. § 112, second paragraph. Accordingly, we institute
a new ground of rejection of claims 9-14 under this statute
infra. Since the metes and bounds of claims 9-14 cannot be
readily ascertained, consideration of the issues raised with
respect to obviousness under 35 U.S.C. § 103 would be
premature with respect to these claims. See In re Geerdes,
491 F.2d 1260, 1262, 180 USPQ 789, 791 (CCPA 1974)(Before
considering rejections under 35 U.S.C. 103 and 112, we must
first decide the scope of the claims.); In re Moore, 439 F.2d
1232, 1235, 169 USPQ 236, 238 (CCPA 1971)(One is not in
position to determine whether a claim is enabled under the
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