Appeal 2007-0325
Application 09/780,248
1 35. Thus, the art applied shows or suggests a screen tip indicating bid
2 amounts.
3 36. Thus, the art applied shows or suggests a screen tip associated with an
4 item for sale.
5
6 ANALYSIS
7 Claims 15-19 and 29 rejected under 35 U.S.C. § 112, second paragraph, as failing
8 to particularly point out and distinctly claim the invention.
9 The Appellant agrees that claim 15 contains a grammatical error and that this
10 will be corrected (FF01). Thus, this grammatical error does render the claim
11 indefinite until corrected. The Appellant similarly agrees that the phrases
12 beginning with the word “allowing” are not positively recited (FF02). Thus, the
13 claims are broad, but not indefinite (FF03).
14 Accordingly we sustain the Examiner's rejection of claims 15-19 under 35
15 U.S.C. § 112, second paragraph, as failing to particularly point out and distinctly
16 claim the invention, as it pertains to the narrow grammatical error in the phrase
17 “which allows entering a user to enter,” but we do not sustain the Examiner's
18 rejection of claims 15-19 and 29 under 35 U.S.C. § 112, second paragraph, as
19 failing to particularly point out and distinctly claim the invention as they pertain to
20 the failure of the phrase beginning with the word “allowing” to positively recite the
21 object of allowing as claimed subject matter.
22 The portion of this rejection that is sustained may be overcome by making the
23 syntactic correction that the Appellant indicated would be made, i.e., changing the
14
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