Ex parte SCHMIDT et al. - Page 4




          Appeal No. 96-1419                                                          
          Application 08/081,971                                                      


          door. Based on this interpretation, claim 1 and dependent claims            
          2 through 7 and 9 are therefore limited to a mirror-mounting                
          bracket installed in place on the vehicle door, and claim 12 is             
          likewise limited to a mounting assembly installed in place on the           



          vehicle door.   Any other interpretation would raise a question             
          of indefiniteness under the second paragraph of 35 U.S.C. § 112.            
               Certain informalities in appealed claims 1, 2, 4, 8 and 12             
          are deserving of interpretation and of correction in the event of           
          further prosecution before the examiner. A discussion of these              
          informalities follows.                                                      
               In appealed claim 1, the recitation in clauses (a) (1) and             
          (b) (3) of “the winged window,” lacks strict antecedent basis and           
          is interpreted to refer back to the recitation of “a wing window            
          opening” in the preamble of the claim. In clause (b) (2) of claim           
          1, the recitation of “the portions” is interpreted to refer back            
          the claimed clamping portions.                                              
               In appealed claim 2, the recitation of “the base member,”              
          which also lacks antecedent basis, is interpreted to refer back             
          to the combination of the claimed first and second members in               
          light of the language in claim 8.                                           

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