Ex parte E. PAUL SHANNON - Page 8




          Appeal No. 96-0998                                                          
          Application No. 08/180,288                                                  


          the amount of vertical acceleration detected).  Column 1, lines             
          35-39; Column 4, lines 24-28.                                               
                                     DISCUSSION                                       
               As indicated above, the Examiner has maintained eight                  
          grounds of rejection.  We will address each one in turn.                    
               1.   Written description                                               
               Claims 1, 4, 5, and 7-18 stand rejected under 35 U.S.C.                
          § 112, first paragraph, on the ground that the specification as             
          originally filed lacked a written description of the presently              
          claimed subject matter.  Examiner’s Answer at 5, lines 2-9.                 
          Appellant does not include this rejection as an issue to be                 
          decided on appeal.  Appeal Brief at 4, line 19, through 5,                  
          line 5.  No argument is presented with respect to this rejection.           
          Appeal Brief at 5-16.  Because Appellant does not contest it,               
          this rejection is affirmed.                                                 
               2.   Indefiniteness                                                    
               Claims 11 and 15-18 stand rejected under 35 U.S.C.                     
          § 112, second paragraph, as being indefinite for failing to                 
          particularly point out and distinctly claim the subject matter              
          which applicant regards as the invention.  Examiner’s Answer                
          at 5-6.  Appellant does not include this rejection as an issue to           
          be decided on appeal.  Appeal Brief at 4, line 19, through 5,               

                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007