Ex Parte LENOIR et al - Page 8




                  Appeal No. 2002-0531                                                                                        Page 8                      
                  Application No. 09/108,687                                                                                                              


                  intermediate sections as indicated by 22'.  This means that the height of the                                                           
                  intermediate section 22 is less than the height of the corresponding passage 16."  (Id.)                                                
                  Figure 1 of the specification, moreover, shows the arrangement of the intermediate                                                      
                  section 22, the removed length 22', and the passage 16.  In light of the recitation, the                                                
                  explanation, and the showing, we conclude that one skilled in the art would understand                                                  
                  that a part of the intermediate section 22 is removed to form the claimed "second air                                                   
                  chamber."                                                                                                                               


                                                                    6. Front Wall                                                                         
                           The examiner asserts, "there is no antecedent basis for 'the front wall'. . . ."                                               
                  (Examiner's Answer at 4.)    The appellants do not contest the merits of the rejection but                                              
                  instead argue, "[a] proposed amendment is being submitted herewith to overcome the                                                      
                  rejection of the claim on this ground."  (Appeal Br. at 7.)  The proposed amendment,                                                    
                  however, "has not been entered."  (Examiner's Answer at 2.)1  Therefore, we affirm the                                                  
                  indefiniteness rejection of claims 2 and 4-9.                                                                                           


                                                     B. WRITTEN DESCRIPTION REJECTION                                                                     

                           1The appellants argue, "the proposed amendment should have been                                                                
                  entered. . . ."  (Reply Br. at 4.)  Such an issue is to be settled by petition to the Director                                          
                  of the U.S. Patent and Trademark Office ("PTO"), however, rather than by appeal to the                                                  
                  PTO's Board of Patent Appeals and Interferences.  See In re Hengehold, 440 F.2d                                                         
                  1395, 1403, 169 USPQ 473, 479 (CCPA 1971).                                                                                              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007