Appeal No. 97-2227
Application 08/254,978
In addition claim 13 sets forth that the winch “can shift
only between second and third gears with the second gear drive
trains means being engaged” (emphasis ours). Page 9 of the
specification states, however, that when “second gear is
engaged, the winch can only be driven in first, second and
third gears” (emphasis ours). Thus this claim, when read in
light of the specification, results in an inexplicable incon-
sistency which renders it indefinite.
In summary:
The rejections of (1) claims 1-9, 12 and 13 under 35
U.S.C. § 112, second paragraph, and (2) claims 1-13 under 35
U.S.C. § 103 are reversed.
A new rejection of claims 9-13 under 35 U.S.C. § 112,
second 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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