Appeal No. 1998-1804
Application 08/668,291
1994)
THE REJECTIONS
The claims stand rejected under 35 U.S.C. § 103 as
follows: claims 1-4, 6-8, 11, 13-17, 19-21, 24, 26 and 27 over
Natarajan in view of Johnstone; claims 9, 10, 22 and 23 over
Natarajan in view of Johnstone and Thein; and claims 12 and 25
over Natarajan in view of Johnstone and Gauci. Claims 26 and
27 also 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
appellants regard as the invention.
OPINION
We dismiss the appeal as to claims 26 and 27 and, as to
the other claims, reverse the rejection under 35 U.S.C. § 103.
Rejection under 35 U.S.C. § 112, second paragraph
A requirement of 37 CFR § 1.193(b)(1993) is that “[i]f
the examiner’s answer expressly states that it includes a new
ground of rejection, appellant must file a reply thereto
within two months from the date of such answer to avoid
dismissal of the appeal as to the claims subject to the new
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