Appeal No. 98-0377
Application 08/573,460
depend from claim 1, raises issues with respect to the written
description requirement of 35 U.S.C. § 112, first paragraph,
and/or the new matter prohibition of 35 U.S.C. § 251. More
particularly, the recitation in claims 1 and 17 that the main
body portion of the flexible cutting element is located
relative to a straight line extending from one cutting edge to
an adjacent cutting edge a distance which does not extend
inwardly “more than 10 percent” of the length of the straight
line does not appear to have original support in the
appellant’s disclosure. In this regard, claim 10, from whence
this limitation allegedly came, actually recites that the
straight line extends from one cutting edge to an adjacent
cutting edge a distance which is “less than 10 percent” of the
length of the straight line.
In summary:
a) the decision of the examiner to reject claims 1
through 17 under 35 U.S.C. § 251 is reversed; and
b) the application is remanded to the examiner for
further consideration.
REVERSED AND REMANDED
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