Appeal No. 2000-0693
Application 08/845,282
this rejection is not a reversal on the merits thereof, but
rather a procedural reversal predicated upon the failure of
the claim to particularly point out and distinctly claim the
subject matter sought to be patented.
Rejection under 37 CFR § 1.196(b)
Pursuant to 37 CFR § 1.196(b), we enter the following new
rejection.
Claim 59 is rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite. In that claim 59 depends from
a canceled claim, its metes and bounds cannot be determined.
Remand
Pursuant to 37 CFR § 1.196(a) and MPEP § 1211, this case
is remanded to the examiner for consideration of the following
matter.
Claims 10 and 21 appear to allow for the recessed and
protruded portions to be formed in the inner surface of the
tubular member. However, it is not immediately apparent where
in appellant’s original disclosure there is descriptive
support for this construction as opposed to, for example, the
11
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