Ex parte BRICK - Page 12




          Appeal No. 2000-1794                                                        
          Application 08/901,171                                                      


         response solicitive portion of said message–- would overcome                 
         this problem.                                                                
              Independent claim 11 is similarly unclear as to the                     
         relationship between the “single message” and the subsequently               
         recited message/message portion limitations.  Moreover, these                
         subsequently recited message/message portion limitations are                 
         inconsistent in and of themselves.  For example, the terms                   
         “said first portion” and “said written intellectually response               
         solicitive message” lack a proper antecedent basis.                          
              Finally, claim 13 is unclear in that the preambular                     
         recitation of “The elongated tape of Claim 11" and the                       
         recitation of “said messages” lack a proper antecedent basis.                


                                       SUMMARY                                        
              The decision of the examiner to reject claims 1 through 13              
         is reversed; and a new rejection of claims 1 through 11 and 13               
         is entered pursuant to 37 CFR § 1.196(b).                                    
              This decision contains a new ground of rejection pursuant               
         to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final                
         rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203               
         Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).  37              

                                         12                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007