Ex parte LEE - Page 8




                 Appeal No. 2001-2288                                                                                                                   
                 Application 09/175,570                                                                                                                 


                 failing to particularly point out and distinctly claim the                                                                             
                 subject matter the appellant regards as the invention.                                                                                 
                          The recitations in claim 1 that “each pair of the                                                                             
                 plurality of pairs of stanchions [defines] a plurality of                                                                              
                 horizontally adjacent spaces for accepting a corresponding                                                                             
                 plurality of adhesive roach traps” and that “each of the                                                                               
                 plurality of adhesive roach traps [is] slidably placed between                                                                         
                 adjacent pairs of the plurality of stanchions” do not make                                                                             
                 sense.  As shown and described in the underlying disclosure,                                                                           
                 each pair of stanchions defines a single space for accepting a                                                                         
                 single adhesive roach trap and each adhesive roach trap is                                                                             
                 slidably placed between the stanchions of a single pair of                                                                             
                 stanchions.  The recitations in independent claim 10 that                                                                              
                 “each pair of the plurality of stanchions [defines] a                                                                                  
                 plurality of spaces for accepting a corresponding plurality of                                                                         
                 roach traps” and that “each of the plurality of roach traps                                                                            
                 [is] slidably placed between adjacent pairs of the plurality                                                                           
                 of stanchions” pose similar problems.  Claims 2, 6, 9 and 11                                                                           
                 are indefinite by virtue of their dependency from claim 1.                                              3                              

                          3Interestingly, since claims 2 and 3 accurately recite                                                                        
                 the relationship between the stanchions and traps, they                                                                                
                 conflict with parent claim 1 which does not.                                                                                           
                                                                           8                                                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007