Ex parte PEAY - Page 6




          Appeal No. 96-3031                                                          
          Application 08/098,062                                                      


          which stand or fall therewith.                                              
               The decision of the examiner is affirmed.                              
               As a final matter, it is noted that the term “said chisel              
          cutting edge portion” in independent claim 8 lacks a proper                 
          antecedent basis and that claim 8 and dependent claim 13                    
          apparently utilize inconsistent terminology, i.e. “second cutting           
          edge segment” (claim 8) and “innermost cutting edge segment”                
          (claim 13), to refer to the same cutting edge segment.  It is               
          also noted that the recitation of both a notch and a chisel edge            
          or chisel edge portion in appealed claim 8 and in allowed claims            
          18 and 24 appears to be inconsistent with the indication in the             
          underlying specification that these two features are mutually               
          exclusive.  These areas of concern should be appropriately                  
          addressed upon return of the application to the examining group.            














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