Ex parte BACULY - Page 3




          Appeal No. 1999-1758                                                       
          Application No. 08/787,971                                                 


          1990                                                                       
          Nimtz               5,064,178                Nov. 12, 1991                 




               Claims 1-8 and 10 stand rejected under 35 U.S.C. § 112,               
          first paragraph, as containing subject matter which was not                
          described in the specification in such a way as to reasonably              
          convey to one skilled in the relevant art that the inventor at             
          the time the application was filed, had possession of the                  
          claimed invention.  According to the examiner “[t]he phrase                
          ‘configured to releasably engage and grip at least two                     
          adjacent or two opposing surfaces of a jaw of a beam clamp’ in             
          claim 1, lines 3-4 is new matter and is required to be                     
          deleted.”                                                                  


               Claims 1-8 and 10 stand rejected under 35 U.S.C. § 112,               
          second paragraph, as being indefinite for failing to                       
          particularly point out and distinctly claim the subject matter             
          which appellant regards as the invention.                                  


               Claims 1-4, 8 and 10 stand rejected under 35 U.S.C. § 103             
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