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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