Appeal No. 95-0972 Page 12
Application No. 07/650,453
For the reasons set forth above, the appellant has failed
to particularly point out and distinctly claim the invention
as required by the second paragraph of 35 U.S.C. § 112.
NEW GROUND OF REJECTION
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claims 1 through 19, 23 and 25 are rejected under 35
U.S.C. § 112, second paragraph, as being indefinite for
failing to particularly point out and distinctly claim the
invention, for the reasons explained above.
As set forth previously, our review of the specification
leads us to conclude that one of ordinary skill in the art
would not be able to understand the metes and bounds of the
phrase "the lower end of the stem is located to provide . . .
water uptake interaction with the near-surface ground water
supply" in independent claim 1.
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