Ex parte REXROAD et al. - Page 5




          Appeal No. 96-3543                                                          
          Application No. 08/153,623                                                  


               The second problem of indefiniteness occurs in the third               
          paragraph of the body of claim 1, which sets forth a plurality              
          of weft members along one of the first, second, third and                   
          fourth length portions of the border.  This is followed by the              
          statement that the weft members are connected to “the involved              
          ones of said . . . length portions . . . of said border”                    
          (emphasis added).  There is no antecedent basis for the term                
          “involved ones,” and the meaning of this phrase thus is not                 
          clear.  This is repeated again in the fourth paragraph of the               
          claim with regard to the warp members (where it is recited as               
          being the involved “one”).  The same situation occurs in                    
          independent claims 9, 14 and 16.                                            
               Independent claims 1 and 9 contain an indefiniteness with              
          regard to understanding the limitations regarding the coloring              
          of certain of the elements.  In each of these two claims it is              
          established that at least one of the weft members, and at                   
          least one of the warp members, is “differently colored from                 
          the remaining ones” of like kind.  The final lines of each of               
          these claims also focus on the color of the weft and warp                   
          elements, but what is meant there is unclear to us.  The                    
          language in question reads as follows:                                      
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