Ex parte ROSE et al. - Page 3




                     Appeal No. 96-3923                                                                                                                                                
                     Application 08/309,790                                                                                                                                            


                                Claims 15-28 stand rejected under 35 U.S.C. § 112, second                                                                                              
                     paragraph, for failing to particularly point out and                                                                                                              
                     distinctly claim the subject matter which the appellants                                                                                                          
                     regard as the invention.                                                                                                                                          
                                Claims 1, 5-8 and 12-14 stand rejected under 35 U.S.C. §                                                                                               
                     103 as being unpatentable over Fuller in view of Rose.                                                                                                            
                                Claims 1-4 and 8-11 stand rejected under 35 U.S.C. § 103                                                                                               
                     as being unpatentable over Fuller in view of Ray.                                                                                                                 
                                The examiner's rejections are explained on pages 3-6 of                                                                                                
                     the answer.   The arguments of the appellants in support of2                                                                                                                                         
                     their position are found on pages 8-19 of the brief and pages                                                                                                     
                     1-4 of the reply brief.                                                                                                                                           


                                                                                    OPINION                                                                                            
                                At the outset, we note the appellants on page 7 of the                                                                                                 
                     brief state that:                                                                                                                                                 

                                1. method claims 1-7 stand or fall together as a                                                                                                       
                                first     group;                                                                                                                                       
                                2. device claims 8-14 stand or fall together as a                                                                                                      

                                2    The answer contains no "Response to Argument" as expressly required by Manual                                                                     
                     of Patent Examining Procedure (MPEP) § 1208 (6th ed., Rev. 3, Jul. 1997).                                                                                         
                                                                                          3                                                                                            





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

Last modified: November 3, 2007