Appeal No. 1998-2849 Page 15
Application No. 08/584,158
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claim 57 is rejected under 35 U.S.C. § 112, fourth
paragraph, as being of improper dependent form for failing to
further limit the subject matter of a previous claim.
35 U.S.C. § 112, fourth paragraph, states
Subject to the following paragraph, a claim in dependent
form shall contain a reference to a claim previously set
forth and then specify a further limitation of the
subject matter claimed. A claim in dependent form shall
be construed to incorporate by reference all the
limitations of the claim to which it refers.
A claim that incorporates by reference all of the subject
matter of another claim, that is, the claim is not broader in
any respect, to be in compliance with the fourth paragraph of
35 U.S.C. § 112. See Ex parte Porter, 25 USPQ2d 1144 (Bd.
Pat. App. & Int. 1992) and Ex parte Moelands, 3 USPQ2d 1474
((Bd. Pat. App. & Int. 1987).
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