Appeal 2007-1928
Application 10/163,282
this finding by the Examiner.
REJECTIONS UNDER 37 C.F.R. § 41.50(b)
Claims 120, 143, 289, 290, 291, 295, 297, 298, 300, and 301 are hereby
rejected under 35 U.S.C. § 112, first and second paragraphs. As defined by
Appellants, and as discussed previously, “customized” is used to refer to material
that has been selected and or modified in shape, size, or content. In our view
making bits of material or confetti from stock material is either selecting material
or modifying it in shape and/or size. Accordingly, it is difficult to imagine bits of
material or confetti that are non-customizable, since any material must be selected,
and must be sized and shaped. Accordingly, we enter the rejection of these claims
under the first paragraph of § 112, inasmuch as non-customizable bits of material
or confetti have not been described and enabled by Appellants in the Specification.
We enter a rejection of theses claims under the second paragraph of § 112,
inasmuch as we believe “non-customizable” as used in the claims conflicts with
the definition given in Appellants’ Specification.
CONCLUSION
The Examiner’s rejections of all claims on appeal are affirmed. A new
rejection of claims 120, 143, 289, 290, 291, 295, 297, 298, 300, and 301 under
§ 112, first paragraph, and § 112, second paragraph has been entered by the Board.
Regarding the affirmed rejection(s), 37 C.F.R. § 41.52(a)(1) provides
“Appellant may file a single request for rehearing within two months from the date
of the original decision of the Board.”
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