Ex parte KESSLER - Page 4




         Appeal No. 1998-2418                                                    
         Application No. 08/686,883                                              


         part and reversed-in-part. Our reasons for this determination           
         follow.                                                                 





         The 35 U.S.C. § 112, second paragraph, rejection of claims 21           
         through 26 and 36 as indefinite.                                        


              Claims 21 through 26 and 36 stand 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 the appellant regards as the invention.            
         The examiner rejects claims 21 and 24 through 26 for the                
         reason that "[t]he phrase 'the other end being free of any              
         handle' is indefinite because such a negative limitation would          
         appear to have no clear meaning when used with open language            
         such as 'comprising'" (answer, pages 4 and 5).  Regarding               
         claim 36, the examiner states "the phrase 'the tubular portion          
         being frictionally releasably held in the central opening' is           
         inaccurate and indefinite" id.                                          
              Claims are considered to satisfy the requirements in the           
                                        4                                        





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007