Appeal No. 1999-1057
Application No. 08/848,719
procedural reversal, it should be abundantly clear that the
merit of each appealed rejection has not been assessed.
NEW GROUND OF REJECTION
Under the authority of 37 CFR 1.196(b), this panel of the
Board enters the following new ground of rejection.
Claims 2, 5, 7, 9, 10, 12 through 16, and 18 through 20
are rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite in meaning. We incorporate herein our analysis
above of claims 18 and 19 as to particular language therein
for which no definite meaning can be attributed based upon
appellant's underlying disclosure.
At such time that the claimed subject matter is definite
in meaning, prior art may then be appropriately applied by the
examiner.5
5 As to claims 18 and 19, for example, it is apparent to
us that the examiner should assess the patentability thereof
under 35 U.S.C. § 103 based upon the combined teachings of
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