Appeal No. 1999-1037
Application 08/804,284
apparatus that comprises a first collapsible member having a
first resistance to crushing and a second collapsible member
having a second lesser resistance to crushing, wherein the
first collapsible member is located along a longitudinal side
of the cushioning apparatus and closest to a fixed structure,3
which limitation was added to claim 11 by the amendment filed
February 19, 1998 (Paper No. 9). Accordingly, the originally
filed disclosure would not reasonably convey to the artisan
that appellant had possession at that time of the apparatus as
now recited in claims 11, 12 and 15.
Claims 11, 12 and 15 are also rejected under 35 U.S.C. §
112, second paragraph, as failing to particularly point out
and distinctly claim the subject matter appellant regards as
the invention.
In determining whether the claims set out and
circumscribe a particular area with a reasonable degree of
3Based on a reading of claim 11 and claim 12, it is
clear that the “first collapsible member” of claim 11
corresponds to one of the disclosed barrels A, that the
“second collapsible member” of claim 11 corresponds to one of
the disclosed barrels B, and that the “third collapsible
member” of claim 12 corresponds to one of the disclosed
barrels C.
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