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
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007