Appeal 2007-0141
Application 10/654,324
to determine the meaning of the phrase “wherein said filaments do not
degrade at a temperature between about 180°C and about 250°C.” We
therefore reject claims 7-16 under 35 U.S.C. § 112, second paragraph, as
failing to particularly point out and distinctly claim the subject matter which
applicant regards as his invention.
Since the meaning of the phrase “wherein said filaments do not
degrade at a temperature between about 180°C and about 250°C” is unclear,
we cannot determine whether the claims meet the written description
requirement of 35 U.S.C. § 112, first paragraph. Nor can we compare the
claimed subject matter with the relevant prior art. Therefore, we are
constrained to reverse both grounds of rejection. It is to be understood,
however, that this reversal is not based upon an evaluation of the merits.
Thus, the examiner is not precluded from rejecting a definite claim upon the
art of record.
ORDER
The rejection of claims 7-16 under 35 U.S.C § 112(1) as lacking
sufficient written description is reversed.
The rejection of claims 7-16 under 35 U.S.C § 103(a) as unpatentable
over Lickfield in view of Ortega is reversed.
NEW GROUND OF REJECTION
Pursuant to the provisions of 37 C.F.R. § 41.50(b), we reject claims 7-
16 under 35 U.S.C. § 112, second paragraph, as failing to particularly point
out and distinctly claim the invention.
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