Appeal No. 98-0985 Page 16
Application No. 08/271,022
For the reasons set forth above, the decision of the
examiner to reject claims 42, 43 and 72-74 under 35 U.S.C. §
103 is affirmed.
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claims 50-52 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
appellants regard as the invention. Claim 50 recites that
"said microprocessor program controls pressure between said
first and second friction members." However, there is no
proper antecedent basis for "said first and second friction
members." The parent claims of claim 50 (i.e., claims 42 and
49) do not recite first and second friction members. It is
our opinion that in view of the lack of antecedent basis for
"said first and second friction members" a person of ordinary
skill in the art would not be able to understand the scope
(i.e., the metes and bounds) of the claimed invention.
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