Ex parte OTTEMANN - Page 13




          Appeal No. 97-2227                                                          
          Application 08/254,978                                                      


          suggest such an arrangement.                                                
               As to claims 3-8, the examiner has additionally relied on              
          the teachings of Dudden.  We have, however, carefully reviewed              
          the teachings of this reference, but find nothing therein                   
          which would overcome the deficiencies of Atfield that we have               
          noted above.                                                                


               In view of the foregoing, we will not sustain the rejec-               
          tions of claims 1-13 under 35 U.S.C. § 103.                                 
               Under the provisions of 37 CFR § 1.196(b) we make the                  
          following new rejection.                                                    
               Claims 9-13 are rejected under 35 U.S.C. § 112, second                 
          paragraph, as being indefinite for failing to particularly                  
          point out and distinctly claim the subject matter which the                 
          appellant regards as the invention.  The purpose of the second              
          paragraph of § 112 is to provide those who would endeavor, in               
          future enterprises, to approach the area circumscribed by the               
          claims of a patent, with adequate notice demanded by due                    
          process of law, so that they may more readily and accurately                
          determine the boundaries of protection involved and evaluate                
          the possibility of infringement and dominance.  In re Hammack,              
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