Appeal No. 2003-0360 Page 2
Application No. 09/264,398
BACKGROUND
The appellant's invention relates to a load carrier strut for mounting on load
carrier feet disposed at opposing side edges of a vehicle roof. An understanding of the
invention can be derived from a reading of exemplary claim 20, which has been
reproduced below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Burland 3,677,451 Jul. 18, 1972
Duemmler 5,275,320 Jan. 4, 1994
Ozog 5,282,560 Feb. 1, 1994
Derecktor 5,848,743 Dec. 15, 1998
Sibinger (German Patent Document) DE 4,113,230 Oct. 29, 1992
The Examiner’s Rejections
Claim 33 stands rejected under 35 U.S.C. § 112, first paragraph,2 as containing
subject matter which was not described in the specification in such a way as to
reasonably convey to one skilled in the relevant art that the inventor, at the time the
application was filed, had possession of the claimed invention.
Claim 33 stands 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
the appellant regards as the invention.
2Rejections of claim 34 under 35 U.S.C. § 112, first and second paragraphs, were withdrawn in
the Answer as a result of an amendment after the final rejection.
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