Ex parte BRIGHT - Page 8




          Appeal No. 1998-0483                                                        
          Application No. 08/543,840                                                  




          through 18 under the second paragraph of 35 U.S.C.  112.                   
                              NEW GROUNDS OF REJECTION                                
               Under the authority of 37 CFR  1.196(b), this panel of                
          the Board introduces the following new grounds of rejection as              
          to claims 1 through 6, 10 and 11.                                           
               Claims are considered to satisfy the requirements in the               
          second paragraph of ' 112 if they define the metes and bounds               
          of the claimed subject matter with a reasonable degree of                   
          precision and particularity.  See In re Venezia, 530 F.2d 956,              
          958, 189 USPQ 149, 151 (CCPA 1976).                                         
               Claims 1 through 6, 10 and 11 are rejected under 35                    
          U.S.C.                                                                      
           112, second paragraph, as being indefinite for failing to                 
          particularly point out and distinctly claim the subject matter              
          which applicant regards as the invention.                                   
               The first step in claim 1 recites the step of "stretching              
          the segment to elastically deform the label...," however there              
          is no antecedent for "the label" and without such antecedent                
          it is not apparent how stretching the segment causes                        

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