Ex parte LEUNG et al. - Page 3




                Appeal No. 96-0978                                                                                                            
                Application 08/110,324                                                                                                        


                         The references relied on by the examiner are:                                                                        
                Lavanchy et al. (Lavanchy)                                 3,368,747                Feb. 13, 1968                             
                Kulker                                                     3,723,864                Jan. 26, 1989                             
                (Germany Application)3                                                                                                        

                         Claim 2 stands 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 the appellants                                                              
                regard as the invention.                                                                                                      
                         Claim 1 stands rejected under 35 U.S.C. § 102(b) as being                                                            
                clearly anticipated by Lavanchy.                                                                                              
                         Claim 2 stands rejected under 35 U.S.C. § 103 as being                                                               
                unpatentable over Lavanchy in view of Kulker.                                                                                 
                         The examiner’s rejections are explained on pages 3-5 of the                                                          
                answer.  Rather than reiterate the arguments of the appellants                                                                
                and the examiner in support of their respective positions,                                                                    
                reference is made to pages 4-10 of the substitute brief and pages                                                             
                5-9 of the answer for the details thereof.                                                                                    
                                                                 OPINION                                                                      
                         We have carefully reviewed the appellants’ invention as                                                              
                described in the specification, the appealed claims, the prior                                                                


                         3Translation attached.                                                                                               
                                                                      3                                                                       





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