Ex parte NABITY et al. - Page 5




          Appeal No. 1996-2795                                                        
          Application No. 08/430,155                                                  


                          REJECTION UNDER 37 CFR § 1.196(b)                           
               Pursuant to the provisions of 37 CFR § 1,196(b), we                    
          hereby enter the following new ground of rejection:                         
               Claims 2 through 5 are rejected under the second                       
          paragraph of 35 U.S.C. § 112 because of the use of the word                 
          "may" in claim 2.  The claims are indefinite because the loop               
          of conduit extending from the conduit support means and the                 
          peristaltic pump are not positively included in a cooperative               
          relationship with the sensor.  As a result thereof, the metes               
          and bounds of the claimed invention can not be determined with              
          any degree of certainty.                                                    




                                      DECISION                                        
               The decision of the examiner rejecting claims 2 through 5              
          under 35 U.S.C. § 102(b) is reversed.                                       
               As indicated supra, a new ground of rejection of claims 2              
          through 5 has been entered under the provisions of 37 CFR                   




          (CCPA 1962).                                                                
                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007