Appeal No. 97-1393
Application 08/456,349
transport into the field. However, notwithstanding our
construction above, we consider that the claims before us on
appeal are replete with misdescriptive language that renders
the scope and content of the claims indefinite.
Accordingly, pursuant to our authority under 37 CFR
§ 1.196(b), we enter the following new rejection of the claims
on appeal.
Claims 1 through 20 are rejected under 35 U.S.C. §
112, second paragraph, as failing to particularly point out
and distinctly claim the subject matter which appellant
regards as his invention. The recitation in the claims on
appeal that the upper and lower arms (claims 1 and 9) or arm
members (claim 20) are “substantially one dimensional” is
misdescriptive of the clearly three-dimensional arms (11) and
(13), respectively, seen in the drawings of the present case
and described on page 6 of the specification as being formed
of “rectangular section metal tube.” Thus, when read
8
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