Appeal No. 1997-3823 Application No. 08/320,782 attach or connect the earphones (38, 39) to the frame (12). However, the language of claim 46 appears to specifically require that the wire actually serves to couple or mount the earphone to the frame, a situation which is at odds with appellants’ disclosure. Under the provisions of 37 CFR § 196(b), we enter the following new ground of rejection against appellants’ claim 46 through 51: Claims 46-51 are rejected under 35 U.S.C. § 112, second paragraph, for the reasons explained above, as being indefinite for failing to particularly point out and distinctly claim that which appellants regard as their invention. Regarding the examiner’s rejection of appealed claims 46- 51 under 35 U.S.C. § 103, we emphasize again that for reasons stated supra as part of our new ground of rejection under 35 U.S.C. § 112, second paragraph, these claims contain unclear language 17Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 3, 2007