Appeal No. 98-0606
Application 08/553,603
Wells 3,857,134 Dec. 31, 1974
Braga 3,105,544 Jun. 16, 1982
(German Patent Document)2
The following rejections are before us for review:
(1) claim 14, under 35 U.S.C. § 112, second paragraph, as
being indefinite;
(2) claims 1, 2, 8, 10, 12, 14 and 18, under 35 U.S.C. §
102(b), as being anticipated by Wells; and
(3) claims 3-7, 9, 11 , 13, and 15-17, under 35 U.S.C. § 103,3
as being unpatentable over Wells in view of Braga.
Rejection (1)
Looking first at the 35 U.S.C. § 112, second paragraph,
rejection, it is the examiner’s view that “the recitation [of
claim 14] that the material is other than copper or stainless
steel is indefinite because such is a negative limitation with
indefinite bounds, where the scope of the claim cannot be
2Our understanding of this German language reference is
derived from a translation prepared in the Patent and
Trademark Office. A copy of the translation is attached to
this opinion.
3Claim 11 appears to have been inadvertently dropped
from the statement of this rejection in the final rejection
and answer.
-3-
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