Ex parte FRANCIS - Page 5




          Appeal No. 2001-1343                                                        
          Application No. 08/965,818                                                  

                                     DISCUSSION                                       
          I. The 35 U.S.C. § 112, second paragraph, rejection of claims               
          95 through 98                                                               
               The examiner considers claim 95, and claims 96 through 98              
          which depend therefrom, to be indefinite because “[i]n claim                
          95, line 5, ’second end’ is not understood since a ’first end’              
          has not been previously set forth.  Note also that ’the ...                 
          second end’ lacks antecedent basis” (answer, page 4).  As the               
          appellant (see page 3 in the brief) has not disputed the                    
          examiner’s assessment of indefiniteness, we shall summarily                 
          sustain this rejection.                                                     




          II. The 35 U.S.C. § 112, first paragraph, rejection of claims               
          77 through 112                                                              
               This rejection rests on the examiner’s determination that              
          the appellant’s specification fails to comply with the written              
          description requirement in that “[t]he following constitutes                
          new matter: in claims 77, 91, 99, ’for rotation which can                   

          structural relationships.  Upon reconsideration (see pages 2                
          and 4 in the answer), the examiner has withdrawn this                       
          rejection.                                                                  
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