Ex parte WHITNEY - Page 6




          Appeal No. 1999-0718                                                        
          Application 08/594,149                                                      



          including an array of needle-like, tapered pointed projections              
          and fastening means for affixing said array to said handhold.               
          Claim 1 also specifically sets forth the requirement that said              
          projections be “angled from said flat surface.”                             


                    In reviewing claim 1, we are at a complete loss to                
          understand how a flat surface as recited in appellant’s claim               
          1 can have “a uniform thickness,” or exactly how appellant                  
          understands the recited flat surface to be “offset from said                
          first side” of said handhold. Geometrically speaking, a sur-                
          face has both length and breadth, but no thickness.  Thus, the              
          requirement in claim 1 on appeal that the recited flat surface              
          have “a uniform thickness” clearly renders the claimed subject              
          matter indefinite.  As for the further requirement that the                 
          flat surface be “offset from said first side” of the handhold,              
          we note that this limitation would seem to require nothing                  
          more than that                                                              
          the handhold itself have some thickness, thereby having the                 
          flat surface spaced from, or “offset” from, the first side of               
          the                                                                         

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