Appeal No. 96-3407
Application 08/325,549
above-noted limitations (1) and (2). Claim 17 sets forth (1)
that the spool is free from attachment to the container and
(2) a "means for retaining." However, the only originally
disclosed "means for retaining" is the member 137 of the
embodiment of Figs. 5 and 6, but this member clearly
"attaches" the spool to the container. Accordingly, there is
no descriptive support for an embodiment which satisfies both
limitations (1) and (2) as set forth in claim 17.
In summary:
The rejection of claims 18, 19, 22, 24, 26, 33 and 34
under 35 U.S.C. § 112, second paragraph, is reversed.
The rejections of claims 1, 16-19, 22, 24, 26, 33, 34, 36
and 37 under 35 U.S.C. § 103 are reversed.
A new rejection of claims 1, 16 and 17 under 35 U.S.C.
§ 112, first paragraph, has been made.
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
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