Ex Parte CHLOUPEK et al - Page 3



          Appeal No. 2001-0294                                                         
          Application No. 09/004,399                                                   

               The Examiner relies on the following references in rejecting            
          the claims:                                                                  
          Davie                    3,975,668       Aug. 17, 1976                       
          Sander, Jr. (Sander)     4,658,308       Apr. 14, 1987                       
          Aoshima et al. (Aoshima) 4,815,063       Mar. 21, 1989                       
               Claims 1-21 stand rejected under 35 U.S.C. § 112, second                
          paragraph as being indefinite.                                               
               Claims 1-21 stand rejected under 35 U.S.C. § 103(a) as being            
          unpatentable over Sander, Davie and Aoshima.                                 
               Rather than reiterate the viewpoints of the Examiner and                
          Appellants regarding the above-noted rejections, we make                     
          reference to the answer (Paper No. 22, mailed April 4, 2000)2 and            
          the final rejection (Paper No. 15, mailed September 21, 1999) for            
          the Examiner’s reasoning, the appeal brief (Paper No. 20, filed              
          March 13, 2000) and the reply brief (Paper No. 23, filed June 8,             
          2000) for Appellants’ arguments thereagainst.                                
                                       OPINION                                         
               With respect to the rejection of the claims under the second            
          paragraph of 35 U.S.C. § 112, Appellants argue that the claimed              
          recitation of “clock pulses” is fully supported by the                       


               2  In a Supplemental Examiner’s Answer (Paper No. 26, mailed February   
          7, 2002) the Examiner corrected the grounds of rejection to include the      
          rejection under 35 U.S.C. § 112, as set forth in the final rejection.        
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