Ex parte FREDERICKSON et al. - Page 3




                 Appeal No. 1999-1765                                                                                     Page 3                        
                 Application No. 08/839,193                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants’ invention relates to a water rod assembly                                                                     
                 for a boiling water nuclear reactor, and to a fuel assembly                                                                            
                 for a boiling water nuclear reactor which includes an upper                                                                            
                 tie plate, a lower tie plate and a water rod assembly.  An                                                                             
                 understanding of the invention can be derived from a reading                                                                           
                 of independent claims 1 and 12, which appear in the appendix                                                                           
                 to the appellants’ brief.                                                                                                              

                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Jabsen                              3,828,868                                    Aug. 13, 1974                                         
                 Nylund                                       5,180,550                           Jan. 19, 1993                                         
                 Meier et al. (Meier)                         4,041,349                           June 25, 1992                                         
                 (German Patent Application)2                                                                                                           

                          Claims 1, 10 and 11 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 appellants regard as the invention.                                                                                              

                          2Our understanding of this foreign language document is                                                                       
                 based upon a translation prepared for the U.S. Patent and                                                                              
                 Trademark Office.  A copy of that translation accompanies this                                                                         
                 decision.                                                                                                                              







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