Ex parte NOONE et al. - Page 3




                     Appeal No. 1995-1703                                                                                                                                              
                     Application 07/897,304                                                                                                                                            


                     rejected under 35 U.S.C. § 112, first paragraph, as being                                                                                                         
                     based on a                                                                                                                                                        


                     specification which does not provide an adequate written                                                                                                          
                     description of the claimed invention.1                                                                                                                            


                                Claims 1, 2, 4 through 15 and 18 through 21 stand                                                                                                      
                     rejected under 35 U.S.C. § 112, second paragraph, as failing                                                                                                      
                     to particularly point out and distinctly claim the subject                                                                                                        
                     matter the appellants regard as the invention.                                                     2                                                              


                                Reference is made to the appellants’ main and reply                                                                                                    
                     briefs (Paper Nos. 19 and 21) and to the examiner’s main and                                                                                                      
                     supplemental answers (Paper Nos. 20 and 22) for the respective                                                                                                    
                     positions of the appellants and the examiner with regard to                                                                                                       
                     the merits of these rejections.                                                                                                                                   


                                1In the restatement of this rejection in the main answer                                                                                               
                     (Paper No. 20), the examiner inadvertently omitted claims 18                                                                                                      
                     through 20.                                                                                                                                                       
                                2  Here again, the examiner inadvertently omitted claims 18                                                                                            
                     through 20 from the restatement of this rejection in the main                                                                                                     
                     answer.                                                                                                                                                           
                                                                                          3                                                                                            





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