Appeal No. 2001-0205 Page 13
Application No. 08/692,016
Additionally, it is not clear from the recitation in the final two lines of claim 16
whether the knots are “securely but detachably” retained in the hole or within the walls of
the frame. As we explained above, the specification provides no answer to this question.
The claim therefore is indefinite on this basis.
SUMMARY
The examiner’s rejection of claims 1, 2, 4, 5, 9 and 13-16 under 35 U.S.C. § 103 on
the basis of Tobin and Flagg is not sustained.
The examiner’s rejection of claims 6, 7 and 17 under 35 U.S.C. § 103 on the basis
of Tobin, Flagg and Beckham is not sustained.
The examiner’s rejection of claims 8 and 10 under 35 U.S.C. § 103 on the basis of
Tobin, Flagg and Berger is not sustained.
Pursuant to 37 CFR § 1.196(b), a new rejection of claims 1, 2, 4-10 and 16 under
35 U.S.C. § 112, first paragraph, has been entered by the Board.
This decision contains new grounds 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
purposes of judicial review."
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