Appeal No. 2002-1898
Application 09/567,392
III. Remand to the examiner
The application is remanded to the examiner to consider
whether the recitation in claim 6 that the “entire” load of the
back pack is located over the thoracic spinal column of the user
is accurate as required by 35 U.S.C. § 112, second paragraph,2
and has written descriptive support as required by 35 U.S.C.
§ 112, first paragraph, and if not, to enter the appropriate
rejection(s). In this regard, the underlying specification (see
pages 6 and 7) and drawings (see Figure 3) seem to indicate that
while the load of the back pack is “concentrated” over the
thoracic spinal column region, some minor components of the load
are borne by other areas of the user’s body, e.g., the shoulders.
SUMMARY
The decision of the examiner to reject claims 6 through 8 is
reversed, and the application is remanded to the examiner for
further consideration.
2 See In re Knowlton, 481 F.2d 1357, 1366, 178 USPQ 486,
492-93 (CCPA 1973).
6
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