Ex parte LAUKS et al. - Page 4




                 Appeal No. 1998-1786                                                                                     Page 4                        
                 Application No. 08/486,150                                                                                                             


                 November 12, 1997), reply brief (Paper No. 15, filed March 5,                                                                          
                 1998) and communication (Paper No. 18, filed February 9, 1999)                                                                         
                 for the appellants' arguments thereagainst.                                                                                            


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellants' specification and                                                                             
                 claims , to the applied prior art references, and to the2                                                                                                                           
                 respective positions articulated by the appellants and the                                                                             
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determinations which follow.                                                                                                           


                          We have selected claim 36 as the representative claim                                                                         
                 from the appellants' grouping of claims 36, 38-46, and 67-69                                                                           
                 to decide the appeal on the rejections under 35 U.S.C. § 103.                                                                          
                 See page 5 of the appellants' brief.  In addition we note that                                                                         
                 the appellants have not challenged the rejections of claims                                                                            

                          2The following terms used in the claims under appeal lack                                                                     
                 proper antecedent basis: the reservoir chamber (claims 36, 38,                                                                         
                 40, 41, 43, 45, 49, 50, 67 and 69), the receiving means                                                                                
                 (claims 38, 39 and 67), the housing (claims 43, 49, 50 and                                                                             
                 68), the second end (claim 48), and the fluid delivery system                                                                          
                 (claim 67).                                                                                                                            







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