Ex parte YOUNG et al. - Page 3




                 Appeal No. 95-0537                                                                                                                     
                 Application No. 08/077,709                                                                                                             


                 particularly point out and distinctly claim the subject matter                                                                         
                 which applicants regard as the invention.                                                                                              
                          (3) Claims 1-6 and 8-9 are rejected under 35 U.S.C. §                                                                         
                 112, first paragraph, as being based on a non-enabling                                                                                 
                 disclosure.                                                                                                                            
                          (4) Claims 1-3 and 5 are rejected under 35 U.S.C. § 101                                                                       
                 as reading on inoperative species.                                                                                                     
                          (5) Claims 1, 2 and 5 are rejected under 35 U.S.C.                                                                            
                 § 102(a)/103 as being unpatentable over Eom.                                                                                           
                          (6) Claims 1-9 are rejected under 35 U.S.C. § 103 as                                                                          
                 being unpatentable over the combination of Eom and Gallagher.                                                                          
                          (7) Claims 1, 2 and 5 are rejected under 35 U.S.C. §                                                                          
                 102(e) as being anticipated by Beasley.                                                                                                
                          (8) Claims 1-9 are rejected under 35 U.S.C. § 103 as                                                                          
                 being unpatentable over the combination of Beasley and                                                                                 
                 Gallagher.                                                                                                                             
                       New matter rejection under 35 U.S.C. § 112, first paragraph                                                                      
                          Claims 1-9 are rejected under 35 U.S.C. § 112, first                                                                          
                 paragraph, as containing new matter.    According to the         2                                                                     

                          2According to appellants, claims 1-9 which stand rejected                                                                     
                 under 35 U.S.C. § 112, first paragraph, as containing new                                                                              
                                                                           3                                                                            





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