Ex parte POSHADLO - Page 2




                 Appeal No. 1999-2035                                                                                     Page 2                        
                 Application No. 07/772,698                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to an improved surface                                                                      
                 for a tennis court.  An understanding of the invention can be                                                                          
                 derived from a reading of exemplary claim 32, which appears in                                                                         
                 the appendix to the appellant's brief.                                                                                                 


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Healy                                        1,897,801                                    Feb. 14, 1933                                
                 Grant et al.                                 4,045,022                                    Aug. 30, 1977                                
                 (Grant)                                                                                                                                
                 Bourgin et al.                               2,553,001       2                   Apr. 12, 1985                                         
                 (Bourgin)                                             (France)                                                                         



                          Claims 32 through 37 stand rejected 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.                                                                                          




                          2In determining the teachings of Bourgin, we will rely on                                                                     
                 the translation provided by the PTO.  A copy of the                                                                                    
                 translation is attached for the appellant's convenience.                                                                               







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