Appeal No. 98-0003
Application No. 08/601,896
The purpose of the requirement stated in the second
paragraph of 35 U.S.C. § 112 is to provide those who would
endeavor, in future enterprise, to approach the area
circumscribed by the claims of a patent, with the 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, 427 F.2d 1378, 1382, 166 USPQ 204, 208 (CCPA 1970).
For the reasons stated above, we do not believe claims 16 and
17 meet this requirement.
Summary
The rejection of claims 1-4, 6-12, 16 and 17 as being
unpatentable over Ouwerkerk in view of Karakane (rejection(a))
is affirmed, our affirmance being designated a new ground of
rejection under 37 CFR § 1.196(b).
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