Appeal No. 1998-0210
Application No. 08/149,193
Claims 128 through 130, depend indirectly from
independent claim 123 which we have found to be indefinite,
supra, in the matter of the recitation of “traction means”.
However, dependent claim 128 explicitly specifies the
indefinite term “traction means” as comprising “ribs”, with
the term “ribs” of course being definite in meaning and having
the definition thereof which we have earlier discussed in this
opinion. Based upon the clear recital of “ribs” in claim 128,
as was the case with claim 113 addressed above, it is our
determination that the ribs of claims 128 through 130 are
simply not taught by and would not have been suggested by the
overall teaching of the Jordan, Jr. reference.
It is for these reasons that the rejection of claims 128
through 130 must be reversed on the merits.
The fifth rejection
We reverse the rejection of claims 120 and 135 under
35 U.S.C. § 103 as being unpatentable over Jordan, Jr. in view
of Zaleski on the merits, but procedurally reverse the
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