Appeal No. 2004-1805
Application No. 09/928,359
space or hole left after cutting”. See page 286 of the Merriam
Webster’s Collegiate Dictionary, 10th edition.
Having discussed pertinent parts of the specification and
having set forth a dictionary definition, with regard to the
term “cut out”, we now refer to the following recitation of
claim 1:
“a cut out in said free edge of said second panel,
said cut out extending into said second panel past a
line collinear with said free edge of said third
panel”.
Because of the indefiniteness with regard to the term
“free edge”, and the phrase “a line collinear [sic,
colinear] with said free edge of said third panel” (as
discussed, supra), it is difficult to ascertain exactly
where the cut out extends into the second panel past a line
collinear with the free edge of the third panel.
Appellant’s discussion of this issue in the paragraph
bridging pages 2-3 of the brief does not specifically
explain where the cut out extends into the second panel
past a line collinear with the free edge of the third
panel. Furthermore, as discussed, supra, appellant’s
explanation of the phrase “a line collinear [sic, colinear]
with said free edge of said third panel” does not provide
the needed clarity here.
Hence, we agree with the examiner’s determination that
the term “cut out” is also indefinite.
In view of the above, we therefore affirm the 35 U.S.C.
§ 112, second paragraph rejection (indefiniteness).
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