Ex Parte ZAKARIN - Page 3




              Appeal No. 2001-2656                                                                Page 3                
              Application No. 09/208,514                                                                                


              to reasonably convey to one skilled in the relevant art that the inventor, at the time the                
              application was filed, had possession of the claimed invention.                                           
                     Claims 1-10 and 20 stand 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 enable one skilled in the art to which it pertains, or with which it is most nearly                    
              connected, to make and/or use the invention.                                                              
                     Claims 1-10 and 20 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 appellant regards as the invention.                                                             
                     Claims 1-10 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                     
              Cunningham in view of Platts.                                                                             
                     Claim 20 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                       
              Cunningham in view of Platts and Pedersen.                                                                
                     Claims 1-10 stand rejected under the judicially created doctrine of obviousness-                   
              type double patenting as being unpatentable over claims 1-20 of Zakarin U.S. Patent                       
              No. 5,950,895 in view of Cunningham and Platts.                                                           
                     Claim 20 stands rejected under the judicially created doctrine of obviousness-                     
              type double patenting as being unpatentable over claims 1-20 of Zakarin U.S. Patent                       
              No. 5,950,895 in view of Cunningham, Platts and Pedersen.                                                 









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