Ex parte BACULY - Page 13




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


          engages a surface of the jaw, and that surface may be                      
          considered to be opposite, adjacent or both to the face of the             
          jaw (14) which is engaged by the rear surface (28) of the                  
          adaptor (22).  As set forth above under the section 112, first             
          paragraph rejection, we understand each angular clip (24) to               
          engage a rear edge of the vertical flange portion (30) of the              
          jaw and not a surface of the jaw.  In contrast to appellant’s              
          position, we note that the edge or corner of the vertical                  
          flange portion (30) is a line where two surfaces meet and is               
          not a surface.  Thus, contrary to the appellant's assertions               
          in the reply brief, the edge or corner may not be considered a             
          surface opposite, adjacent or both to the face of the jaw of               
          flange (30).  Therefore, we conclude that the specification                
          does not disclose the subject matter set forth in claim 1,                 
          lines 3-4 and that the claim language on its face is not                   
          understandable, because we do not understand what surfaces of              
          the jaw are being defined.  Accordingly, we will sustain the               
          rejection by the examiner of claims 1-8 and 10, under 35                   
          U.S.C.                                                                     
          § 112, second paragraph.                                                   


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