Appeal No. 2000-0560
Application No. 08/578,636
For the reasons set forth above, it is our determination
that claim 9 fails to make clear what subject matter it
encompasses. Thus, we will sustain the rejection of claim 9
under § 112, second paragraph.
Claims 10 and 12 through 15 are also indefinite because
each claim is dependent, directly or indirectly, on claim 9
and, thus, includes the same indefinite language referred to
above. Thus, it follows that the rejection of claims 10 and
12 through 15 under 35 U.S.C. § 112, second paragraph, will
also be sustained.
However, inasmuch as the basic thrust of our affirmance
of
the 35 U.S.C. § 112, second paragraph, rejection of claims 9,
10
and 12 through 15 differs from the rationale advanced by the
examiner for the rejection, we hereby designate the affirmance
of the rejection of claims 9, 10 and 12 through 15 to be a new
ground of rejection pursuant to 37 CFR § 1.196(b) to allow the
appellant a fair opportunity to react thereto (see In re
8
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