Ex parte FRANCHAK - Page 5




          Appeal No. 98-1456                                         Page 5           
          Application No. 08/294,958                                                  


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The indefiniteness rejections                                               
               The examiner rejected claim 9 (Paper No. 9) under 35                   
          U.S.C. § 112, second paragraph, as being indefinite for                     
          failing to particularly point out and distinctly claim the                  
          subject matter which the appellant regards as the invention.                
          Later, the examiner rejected claim 1 (Paper No. 12) under 35                
          U.S.C. § 112, second paragraph, as being indefinite for                     
          failing to particularly point out and distinctly claim the                  
          subject matter which the appellant regards as the invention.                


               The appellant submitted an amendment to claims 1 and 9 on              
          September 8, 1997 to overcome the above-noted rejections.                   
          While the examiner noted that this amendment has been entered               







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

Last modified: November 3, 2007