Ex parte MAJARIAN et al. - Page 8

                 Appeal No. 95-4700                                                                                                              
                 Application 07/837,668                                                                                                          

                 comprehensive fact-based analysis from the examiner, we do not find that the examiner                                           
                 has discharged her initial burden of establishing reasons why the claims on appeal are                                          
                 indefinite.                                                                                                                     
                         The rejection under 35 U.S.C. § 112, second paragraph, is reversed.                                                     
                         The decision of the examiner is affirmed.                                                                               
                         No time period for taking any subsequent action in connection with this appeal may                                      
                 be extended under 37 CFR § 1.136(a).                                                                                            
                                                             AFFIRMED                                                                           










                         SHERMAN D. WINTERS          )                                                                                           
                         Administrative Patent Judge     )                                                                                       
                                                                           )                                                                    
                                                                    )                                                                            
                                                                            )                                                                    
                                          WILLIAM F. SMITH                ) BOARD OF PATENT                                                      
                                          Administrative Patent Judge     )   APPEALS AND                                                        
                                                                            )  INTERFERENCES                                                     
                                                                            )                                                                    
                                                                            )                                                                    
                         HUBERT C. LORIN                  )                                                                                      
                                          Administrative Patent Judge     )                                                                      


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