Appeal No. 2004-0974 Page 12
Application No. 10/117,169
B vitamins (2%, presumably combined), and green tea (17%). The recited
proportions, in parts by weight, add up to 100%. However, the recited
components of the claimed composition do not include the selenium that is
recited in claim 5.
A proper dependent claim must include all of the limitations of the claim
from which it depends, 35 U.S.C. § 112, fourth paragraph, but claim 10 does not
include all of the limitations of claim 5. Thus, it is unclear whether or not the
composition of claim 10 includes selenium and, if so, what the correct proportions
of both selenium and the other components of the claimed composition should be.
Since we cannot determine the metes and bounds of claims 1-4, 10, 11,
and 15, we conclude that these claims are indefinite. Claims 1-4, 10, 11, and 15
are therefore rejected under 35 U.S.C. § 112, second paragraph.
Summary
We affirm the rejection of claim 5 as anticipated by Craft. We vacate the
examiner’s rejections of claims 1-4, 10, 11, and 15 and enter a new rejection of
those claims as indefinite. However, we reverse the rejection of claims 5-9 as
obvious in view of the references cited by the examiner. Thus, claims 6-9 are not
subject to any outstanding rejection.
Time Period for Response
In addition to affirming the examiner’s rejection of one or more claims, this
decision contains a new ground of rejection pursuant to 37 CFR § 1.196(b)
(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197
(Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007