Ex parte MICHELSON - Page 4




          Appeal No. 97-2888                                                          
          Application 08/389,077                                                      


          based on                                                                    
          Michelson '943 in view of Heffington and Michelson '892.  With              
          respect to claims 1, 6, 8, 16, 17, 21, 23, 34, 41, 42 and 61-               
          64, we enter new grounds of rejection under the provisions of               
          37 CFR                                                                      




          § 1.196(b).  We begin with the new grounds of rejection under               
          35 U.S.C. § 112, second paragraph.                                          
               Claims 1, 6, 8, 16, 17, 21, 34, 41, 42 and 61-64 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 appellant regards as the                 
          invention.                                                                  
               Claim 1 calls for an adjustable surgical frame having                  
          means for cantilevering at least a portion of the surgical                  
          frame off the end of an operating table (the cantilevering                  
          means is described in the specification at page 17 as                       
          including the pivoting legs 146, 148, 150 and 152).  Claim 1                


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