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).
Conclusion
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
§ 1.136(a).
AFFIRMED-IN-PART
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