Appeal No. 2006-0823 Παγε 3
Application No. 10/284,474
scope of the claimed subject matter. Gechter v. Davidson, 116
F.3d 1454, 1457, 1460 n.3, 43 USPQ2d 1030, 1032 n.3 (Fed. Cir.
1997); In re Paulsen, 30 F.3d 1475, 1479, 31 USPQ2d 1671, 1674
(Fed. Cir. 1994). Upon careful review of the claimed subject
matter in light of the specification, it is apparent to us that
the metes and bounds of the claimed subject matter cannot be
ascertained. Therefore, we are unable to determine the propriety
of the examiner’s Section 102(b) rejection. To do so would
require speculation with regard to the metes and bounds of the
claimed subject matter for reasons set forth below. See In re
Wilson, 424, F.2d 1382, 1385, 165 USPQ 494, 496 (CCPA 1970); In
re Steele, 305 F.2d 859, 862, 134 USPQ 292, 295 (CCPA 1962).
Accordingly, we procedurally reverse the examiner’s Section
102(b) rejection1 and enter a new ground of rejection against the
claims on appeal as shown below:
1 This procedural reversal is not based upon the merits of the examiner’s Section
102(b) rejection.
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