Ex Parte DALLAS et al - Page 6




                Appeal No. 2002-0993                                                                                 Page 6                    
                Application No. 09/368,781                                                                                                     


                decision of the examiner to reject claim 21 under 35 U.S.C. § 112, second paragraph, is                                        
                affirmed.                                                                                                                      

                         Pursuant to 37 CFR § 1.196(c), we state that claim 21 amended to read as                                              
                follows:                                                                                                                       
                                 A wire cutter according to claim 15 wherein said means for non-threadedly                                     
                         connecting said inserts to said lever arms comprises said inserts being                                               
                         comprised at least partially of a magnetic material and at least a portion of said                                    
                         cutting ends being made of a material such that said inserts and said cutting                                         
                         ends are magnetically attracted to one another.                                                                       
                would overcome the rejection under 35 U.S.C. § 112, second paragraph.                                                          


                         With respect to claims 38 to 44, we find ourselves in agreement with the                                              
                appellants (brief, p. 6) that the metes and bounds of these claims is set forth with a                                         
                reasonable degree of precision and particularity.  Accordingly, the decision of the                                            
                examiner to reject claims 38 to 44 under 35 U.S.C. § 112, second paragraph, is                                                 
                reversed.                                                                                                                      


                The anticipation rejection                                                                                                     
                         We sustain the rejection of claim 37 under 35 U.S.C. § 102(b).                                                        












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