Ex parte MARSHALL et al. - Page 6




          Appeal No. 1996-0427                                                        
          Application 08/210,224                                                      



          second paragraph.  See In re Hyatt, 708 F.2d 712, 715, 218                  
          USPQ 195, 197 (Fed. Cir. 1983) citing In re Borkowski, 422                  
          F.2d 904, 909, 164 USPQ 642, 645-46 (CCPA 1970).                            
                    Upon our review of the Appellants' specification and              
          Figure 5, we find that the claim language "said signal contin-              
          ues to pulse between said first voltage and said second volt-               
          age level following said sequence" sets out and circumscribes               
          the particu- lar area with a reasonable degree of precision                 
          and particularity.  Therefore, we will not sustain the rejec-               
          tion of claims 3, 12   and 21 under 35 U.S.C. § 112, second                 
          paragraph.                                                                  
                    Claims 1, 2, 5, 10, 11, 14, 19 and 20 stand rejected              
          under 35 U.S.C. § 102 as being anticipated by Yamamura.  At                 
          the outset, we note that Appellants state on pages 6 and 7 of               
          the brief four groups that stand or fall together.  We note                 
          that Appellants set forth the same argument for claims 1, 2,                
          5, 10, 11, 14, 19 and 20 in the brief.  37 CFR § 1.192(c)(7)                
          (July 1, 1995) as amended at 60 Fed. Reg. 14518 (March 17,                  
          1995), which was controlling at the time of Appellants' filing              
          the brief, states:                                                          

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