Appeal No. 1999-1747 Page 13
Application No. 08/715,422
In view of the above conflicting attributes of claim 1,
we are unable to determine the scope of claim 1. That is,
whether claim 1 is directed to the combination of a brake
hose, a brake tube and a quick connect coupling as asserted by
the appellant or whether claim 1 is directed only to the quick
connect coupling having the intended use of coupling a brake
hose to a brake tube. Thus, it is our determination that the
appellant has failed to particularly point out and distinctly
claim the invention as required by the second paragraph of 35
U.S.C. § 112.
NEW GROUND OF REJECTION
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claims 1 to 16 are rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly
point out and distinctly claim the invention, for the reasons
explained above.
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