Ex parte MALMBORG - Page 2




          Appeal No. 98-0353                                                          
          Application 08/561,463                                                      


               The claims in issue are drawn to a spout cleaning device,              
          and are reproduced in appellant's brief.                                    
               The references applied in the final rejection are:                     
          Clift                         2,065,886                Dec. 29,             
          1936                                                                        
          Jacobsen                      2,715,745                Aug. 23,             
          1955                                                                        
          Shumway et al. (Shumway)           5,214,820                Jun.            
          01, 1993                                                                    
               Claims 1 to 5 stand finally rejected on the following                  
          grounds:                                                                    
               (1) Failure to comply with 35 USC § 112, second                        
          paragraph;                                                                  
               (2) Unpatentable over Clift in view of Shumway and                     
          Jacobsen, under 35 USC § 103.                                               
          Rejection (1)                                                               
               The examiner considers the claims to be indefinite for                 
          the following reasons (answer, pages 3 and 4):                              
               In claim 1, the phrase "exhibiting opposing broad                      
               sides and opposing narrow sides thereon" is                            
               confusing with respect to what sides are opposing                      
               which sides when it is not clear how many sides are                    
               being defined when such is not positively recited,                     
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