Appeal No. 1998-1669
Application No. 08/508,563
1023, 1029 (Fed. Cir. 1997) (“It is the applicants’ burden to
precisely define the invention, not the PTO’s.”).
Since appealed claims 2 through 13, which all directly or
indirectly depend from appealed claim 1, contain the same
ambiguities, they are likewise indefinite under the second
paragraph of 35 U.S.C. § 112.
In summary, we have reversed the grounds of rejection
advanced on appeal by the examiner. However, pursuant to 37
CFR § 1.196(b), we have entered a new ground of rejection of
claims 1 through 13 under the second paragraph of 35 U.S.C. §
112.
The decision of the examiner is reversed.
Time for taking action
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that “[a]
new ground of rejection shall not be considered final for the
purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise
one of the following two options with respect to the new
13
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