Appeal No. 1999-2812 Page 9
Application No. 08/724,049
relates to a petitionable matter and not to an appealable
matter. See In re Schneider, 481 F.2d 1350, 1356-57, 179 USPQ
46, 51 (CCPA 1973) and In re Mindick, 371 F.2d 892, 894, 152
USPQ 566, 568 (CCPA 1967). See also Manual of Patent
Examining Procedure (MPEP) (7th Ed., July 1998) § 1002(c),
item 3(b) and § 1201.
II. The examiner found the following phrases to lack
clear antecedent basis: "the centers" in claim 16 and "the
offset" in claim 18.
We agree with the appellants’ argument (brief, p. 8) that
the lack of a positive antecedent for "the centers" in claim
16 and "the offset" in claim 18 does not render the claims
indefinite.
III. The examiner found that claim 21 was vague and
indefinite in that it is not clear what the claim encompasses.
Specifically, the examiner asked
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007