Appeal No. 1998-0234
Application No. 08,406,752
(German Patent)1
Claims 38 through 41, 43 and 60 stand rejected under
35 U.S.C. § 112, second paragraph, as being indefinite for
failing to particularly point out and distinctly claim that
which appellant regards as his invention. According to the
examiner (answer, page 4), the areas of indefiniteness are as
follows:
[i]n claims 38 and 43, line 12, "based" should be
"base." In claim 43, line 1, "assemble" should be
"assembly." In claim 60, line 4, there is no
antecedent basis for "the shelf area.”
In addition to the foregoing rejection, the appealed
claims stand rejected under 35 U.S.C. § 103 as follows:
a) claims 1 through 3, 6, 8, 9, 12 through 16, 28 through
30, 38 through 54 and 56 through 60 under § 103 as being
unpatentable over Boggess in view of Kornelson;
1Our understanding of this foreign language document is
based on a translation prepared for the U.S. Patent and
Trademark Office. A copy of that translation is appended to
this decision.
3
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