Appeal No. 1998-1053
Application No. 07/974,832
clear if the density and pressure measurements recited in
claims 17 and 18 are the same as or in addition to the
measurement of "parameters determinative of the density and
pressure of the foamed furnish" already set forth in claim 1.
Similar problems are present in claims 20 and 21 which are
dependent from independent claim 5 and in claim 25 which
depends from independent claim 24.
As a result of the ambiguity in the language of the
claims as discussed above, we are compelled to enter a new
ground of rejection under 35 U.S.C. § 112, second paragraph.
Thus, under the provisions of 37 CFR 1.196(b), we enter the
following new ground of rejection against all of the claims
pending in this application.
Claims 1 through 11 and 14 through 37 are rejected under
35 U.S.C. § 112, second paragraph, as failing to particularly
point out and distinctly claim the subject matter which
appellant regards as the invention. More specifically, for
the reasons noted supra, we find that the claims pending in
this application, including the claims currently indicated by
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