Ex parte KUENSTER et al. - Page 17




          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              
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