Ex parte TAYLOR - Page 2




          Appeal No. 97-0974                                                          
          Application No. 08/234,294                                                  


               Russell H. Taylor (the appellant) appeals from the final               
          rejection of claims 50-52, 74 and 75, the only claims                       
          remaining in the application.                                               
               We AFFIRM.                                                             
               The appellant's invention pertains to a system for                     
          assisting a surgeon during surgery.  Independent claim 50 is                
          further illustrative of the appealed subject matter and a copy              
          thereof may be found in the appendix to the brief.                          
               The reference relied on by the examiner is:                            
          Raab                          5,305,203                     Apr.            
          19, 1994                                                                    
                                                  (filed Oct. 2, 1990)                

               Claims 50-52, 74 and 75 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 the appellant regards as the invention.                               
               Claims 50-52, 74 and 75 stand rejected under 35 U.S.C.                 
          § 102(e) as being anticipated by Raab.                                      
               The rejections are explained on pages 3 and 4 of the                   
          answer.  The arguments of the appellant and examiner in                     



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