Ex parte HERBELLEAU - Page 8

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

          under rejection (1), the specification discloses that the bead              
          wire performs the function of anchoring the carcass.                        
          Therefore, pursuant to  112, sixth paragraph, "carcass                     
          anchoring means" is construed to cover the bead wire and                    
          equivalents thereof.  Appellant is not required to describe in              
          the specification what these equivalents (if any) are.  Toro                
          Co., supra.  The term "carcass anchoring means" accordingly                 
          does not render the scope of the claims indefinite, and we                  
          will not sustain this ground of rejection (2).                              
               The examiner's decision to reject claims 14 and 17 under               
           112, first paragraph, is reversed, and to reject said claims              
          under  112, second paragraph, is reversed as to claim 14 and               
          sustained as to claim 17.                                                   

               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    

Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007