Ex parte OSTERBERG et al. - Page 2




          Appeal No. 2001-0472                                       Page 2           
          Application No. 09/153,951                                                  


               We AFFIRM-IN-PART.                                                     


                                     BACKGROUND                                       
               The appellants' invention relates to tuned mass damping                
          devices (specification, p. 1).  A copy of the claims under                  
          appeal is set forth in the appendix to the appellants' brief.               


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Sarazin                  2,225,929                     Dec. 24,             
          1940                                                                        



               Claim 22 stands rejected under 35 U.S.C. § 112, first                  
          paragraph, as containing subject matter which was not                       
          described in the specification in such a way as to reasonably               
          convey to one skilled in the relevant art that the appellants,              
          at the time the application was filed, had possession of the                
          claimed invention.                                                          


               Claims 19 to 24 stand rejected under 35 U.S.C. § 103 as                
          being unpatentable over Sarazin.                                            







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