Appeal No. 1999-0279 Page 4
Application No. 08/926,986
support of the rejections, and to the appellants' brief (filed
April 28, 1998) for the appellants' arguments thereagainst.
OPINION
Initially we note that issues 3 and 4 set forth on pages
2 and 7-8 of the brief (i.e., the examiner's objection to the
drawings and the examiner's objection to the specification)
relate to petitionable matters and not to an appealable
matter. See Manual of Patent Examining Procedure (MPEP) §§
1002 and 1201. Accordingly, we will not review issues 3 and 4
raised by the appellants.
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, and to the respective positions articulated by the
appellants and the examiner. As a consequence of our review,
we make the determinations which follow.
The indefiniteness issue
We will not sustain the rejection of claims 3 through 5
under 35 U.S.C. § 112, second paragraph.
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