Ex parte STEWART et al. - Page 3




                     Appeal No. 96-2833                                                                                                                                                
                     Application 08/202,772                                                                                                                                            


                     1989                                                                                                                                                              
                                                                            THE REJECTIONS                                                                                             
                                Claims 1-12 stand rejected as follows: under 35 U.S.C.                                                                                                 
                     § 112, second paragraph, as being indefinite for failing to                                                                                                       
                     particularly point out and distinctly claim the subject matter                                                                                                    
                     which appellants regard as their invention; under 35 U.S.C.                                                                                                       
                     § 112, first paragraph, “as failing to provide the full,                                                                                                          
                     clear, concise and exact terms of the description of the                                                                                                          
                     invention”; and  under 35 U.S.C. § 103 as being obvious over                                                                                                      
                     the combined teachings of Graiver and Fox.2                                                                                                                       
                                                                                   OPINION                                                                                             
                                We have carefully considered all of the arguments                                                                                                      
                     advanced by appellants and the examiner and agree with                                                                                                            
                     appellants that the aforementioned rejections are not well                                                                                                        
                     founded.  Accordingly, we do not sustain these rejections.                                                                                                        
                                      Rejection under 35 U.S.C. § 112, second paragraph                                                                                                
                                The relevant inquiry under 35 U.S.C. § 112, second                                                                                                     



                                2 The examiner’s reliance upon U.S. 4,155,870 to                                                                                                       
                     Jorgensen, U.S. 4,663,358 to Hyon et al., U.S. 4,976,953 to                                                                                                       
                     Orr et al., and U.S. 5,234,618 to Kamegai et al., is withdrawn                                                                                                    
                     in the examiner’s answer (page 8).                                                                                                                                
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