DETAILED OFFICE ACTION
35 U.S.C. 112(a) and (b) rejection
The claim is rejected under 35 U.S.C. 112(a) and (b) as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Specifically, the claim is indefinite and nonenabling because it is unclear what is being shown and demonstrated in FIG 1.2 by the use of broken lines. The applicant has included broken lines in FIG. 1.2 and it is not understood whether they are illustrating environment, demonstrating movement, or showing portions of the earring that form no part of the claimed design.
To overcome the rejection under 35 U.S.C. 112(a) and (b), the examiner recommends that the applicant clarifies the purpose of the broken lines in FIG. 1.2 by either adding a description to the specification if the broken lines show environment or portions of the article not being claimed or correcting the drawings to show the part in solid line in a position of use if the purpose is to show movement. Alternatively, the drawings may be corrected to cancel the unclear view.
The claim stands rejected under 35 U.S.C. 112(a) and (b).
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/E.D.D./Examiner, Art Unit 2911
/KEVIN K RUDZINSKI/Primary Examiner, Art Unit 2911
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