Appeal No. 2001-0308 Page 2
Application No. 09/188,701
BACKGROUND
The appellant's invention relates to a Robertson driver for
driving a screw (claims 1-3 and 5-9) and a method for
manipulating a wire by use of a Robertson driver (claim 4). In
particular, appellant’s invention is the placement of a slot in
the end of the tip of a Robertson driver, enabling a user to
manipulate a wire (specification, page 5). A copy of the claims
under appeal is set forth in the appendix to the appellant's
brief.
The examiner relied upon the following prior art references
of record in rejecting the appealed claims:
Sloan 173,356 Feb. 8, 1876
Foshee 2,195,773 Apr. 2, 1940
Wingert 4,257,159 Mar. 24, 1981
Frazier 4,485,852 Dec. 4, 1984
Wilner 5,353,667 Oct. 11, 1994
Additionally, this panel of the Board relied upon the
following prior art in entering a new ground of rejection:
The admitted prior art in appellant’s specification on page 5,
lines 12-18 (AAPA).
The following rejections are before us for review.
(1) Claim 9 stands rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly point
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