Appeal No. 1998-2823
Application No. 08/458,010
NEW GROUND OF REJECTION
In accordance with our authority under 37 CFR § 1.196(b),
this panel of the board introduces the following new ground of
rejection.
Claim 27 is rejected under 35 U.S.C. 112, second
paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter which
applicants regard as the invention.
Claim 27 recites the limitation “said second optical
opening” in line 5 (as reproduced in “Exhibit A”). There is
insufficient antecedent basis for this limitation in the
claim.
REMAND
The scope of enablement required by 35 U.S.C. § 112,
first paragraph, must bear a “reasonable correlation” to the
scope of the claims (see, e.g., In re Fisher, 427 F.2d 833,
839, 166 USPQ 18, 24 (CCPA 1970)) and “the specification must
teach those skilled in the art how to make and use the full
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