Ex parte ANDERSON et al. - Page 4




          Appeal No. 98-0516                                                          
          Application No. 08/400,328                                                  


               The rejections are explained in the Paper No. 17 (the                  
          final rejection).                                                           
               The arguments of the appellants in opposition to the                   
          positions taken by the examiner are set forth in the Revised                
          Brief and the Reply Brief.                                                  


                                       OPINION                                        
               In reaching our decision on the issues raised in this                  
          appeal, we have carefully assessed the claims, the prior art                
          applied against the claims, and the respective views of the                 
          examiner and the appellants as set forth in the Answer and the              
          Briefs.  The determinations we have made and the reasoning                  
          behind them are set forth below.                                            
                The Rejection Under 35 U.S.C. § 112, Second Paragraph                 
               Although some changes have been made to the claims in                  
          response to the examiner’s rejection on the grounds of                      
          indefiniteness, as we understand the situation one problem of               
          a non-typographical nature remains uncorrected.  That is the                
          presence in claim 10 of the phrase “said body compartments,”                
          which has no proper antecedent basis.  While the appellants                 
          have offered to amend the claim to rectify this problem                     
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007