Appeal No. 1999-0403
Application 08/804,095
rejection do not render obvious what we have found to be
lacking in the combined teaching of Lund, Reinhardt and
Hofmann discussed
in the previous paragraph. The § 103 rejection of claims 9
and 10 will therefore not be sustained.
New ground of rejection pursuant to 37 CFR § 1.196(b)
Pursuant to 37 CFR § 1.196(b), we enter the following new
ground of rejection.
Claims 7-10 are rejected under 35 U.S.C. § 112, second
paragraph, as being of indeterminate scope for the reason
discussed below.
The preamble of claim 7 states that the claim is directed
to a protective cover “for an inflatable swimming pool.” A
fair reading of this language is that the claim is directed to
a protective cover per se with the “for an inflatable swimming
pool . . .” language of the preamble being a statement of
environment or intended use. In contrast, the body of the
claim states that the protective cover comprises a top wall
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