Ex parte SCHMIDT et al. - Page 11




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


          second portions of the base member. In contrast, the specifi-               
          cation states on page 7 that the mirror support rod 26 is                   
          received in the bore 68, not in the slot between the curved or              
          arcuate wall surfaces 30 and 50.  According to appellants’                  
          specification, therefore, the support rod is not received in a              
          “slot” of any kind.  Thus, while the claim language may off hand            
          seem clear in the abstract, the recitation that the support rod             
          is deployed in the claimed slot generates confusion when read in            
          light of the specification, thus rendering claim 8 indefinite.              
               Claim 9 is indefinite because there is no antecedent basis             
          for the “means for joining,” “the first portion,” “the second               
          portion” and each recitation of the “T-channel.” It is noted that           
          claim 9 is recited to be dependent from claim 7, not claim 8.               








               The examiner’s decision rejecting the appealed claims is               
          reversed, and a new ground of rejection has been entered against            
          claims 8 and 9 pursuant to 37 CFR § 1.196(b).                               
               This decision contains a new ground of rejection pursuant to           

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