Appeal No. 2000-1349
Application No. 08/475,026
Under the provisions of 37 CFR 1.196(b), the following
new grounds of rejection are entered against claims 5, 17
and 19:
1. Claims 5 and 17 are rejected under 35 U.S.C. § 112
¶2 as being indefinite and hence failing to particularly
point out and distinctly claim the subject matter which
appellant regards as his invention.
2. Claim 19 is rejected under the first paragraph of
35 U.S.C. § 112 as being based on a specification which, as
filed, does not satisfy the description requirement in that
paragraph.
With regard to our new ground of rejection of
dependent claim 5 under the second paragraph of § 112, our
difficulty with the claim language centers on the
recitation that the platforms are “restricted to a common
plane . . .” It is not understood how the platforms can be
“restricted” to such a plane.
Furthermore, it is not clear how the subject matter
embraced by claim 5 is readable on the elected embodiment
of Figures 15 and 16. In this embodiment, the platforms
are longitudinally offset along the long axis of the frame
so that they are vertically adjustable along parallel,
18
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