Appeal No. 1999-2832 Page 11
Application No. 08/816,559
configured to one of rotate the spindle so that the nut
linearly moves the at least one door leaf and directly
linearly move the at least one door leaf." It is unclear to
us exactly what this limitation is reciting, thus the metes
and bounds of claim 9 are not known. Specifically, the use of
the phrase "one of" and the repetition that the at least one
door leaf is moved linearly renders claim 9 indefinite.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 9 to 17 under 35 U.S.C. § 103 is reversed and a new
rejection of claims 9 to 21 under 35 U.S.C. § 112, second
paragraph, has been added pursuant to provisions of 37 CFR §
1.196(b).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that, "[a]
new ground of rejection shall not be considered final for
purposes of judicial review."
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