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, 13Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007