Ex Parte ALEXEFF - Page 8




          Appeal No. 2001-1344                                                        
          Application No. 09/218,763                                                  


          of the instant disclosure with respect to the invention set forth           
          in the appealed claims.  While some experimentation by artisans may         
          be necessary in order to practice the invention, we find that such          
          experimentation would not be undue.  Accordingly, we will not               
          sustain the rejection of claims 1, 2, 4-9, 11, 13-19, and 21-24             
          under the first paragraph of 35 U.S.C. § 112.                               
               In summary, we have not sustained the Examiner’s 35 U.S.C.             
          § 112, first paragraph, rejection of claims 1, 2, 4-9, 11, 13-19,           
          and 21-24.  With respect to the Examiner’s 35 U.S.C. § 112, second          
          paragraph rejection of claims 11 and 19, we have not sustained the          
          rejection of claim 11, but have sustained the rejection of claim            
          19.  Therefore, the Examiner’s decision rejecting claims 1, 2, 4-9,         
          11, 13-19, and 21-24 is affirmed-in-part.                                   















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