Appeal No. 96-4045
Application 08/441,984
See In re Steele, 305 F.2d 859, 862, 134 USPQ 292, 295 (CCPA
1962). It should be understood however, that a reversal of
the rejection under § 102 is not a reversal on the merits of
the rejection, but rather a procedural reversal predicated
upon the indefiniteness of the claimed subject matter.
SUMMARY
The rejection of claim 22 under 35 U.S.C. § 112, second
paragraph, has been affirmed.
A rejection of claims 4 through 6 and 21 through 25
pursuant to 37 CFR § 1.196(b) under 35 U.S.C. § 112, second
paragraph, has been entered by the Board.
The rejection of claims 4 through 6 and 21 through 23
under
35 U.S.C. § 102(b) has been reversed.
In addition to affirming the examiner’s rejection of one
or more claims, 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
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