Ex parte HERBELLEAU - Page 7




          Appeal No. 1999-0983                                                        
          Application No. 08/782,891                                                  


          discloses that "the present invention does not directly                     
          concern . . . selection and location [of all the components                 
          which the bead contains], but essentially proposes a new shape              
          for the inner edge of the bead."  In our view, this disclosure              
          would have conveyed to one of ordinary skill that the tire                  
          which appellant invented was not limited to containing a bead               
          wire, but rather contained a "carcass anchoring means," to the              
          extent that that term includes equivalents of a bead wire.                  
               Accordingly, rejection (1) will not be sustained.                      
          Rejection (2)-Indefiniteness                                                
               In this rejection, the examiner finds lack of compliance               
          with the second paragraph of  112 on two grounds.                          
               First, the examiner finds claim 17 to be indefinite                    
          because "surface" (line 2) has no antecedent basis.  Appellant              
          does not disagree, but rather agrees to amend the claim                     
          appropriately (reply brief, page 1).  This ground of the                    
          rejection will therefore be summarily sustained.                            
               Second, the examiner asserts that "what is included by                 
          appellant's use of the term 'carcass anchoring means' other                 
          than the bead wire cannot be determined in light of the                     
          specification" (answer, page 5).  We disagree.  As discussed                
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