Ex Parte Rodriguez - Page 2




              Appeal No. 2004-1331                                                                  Page 2                
              Application No. 09/812,664                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to surface treatment disks, especially to such                     
              surface treatment disks which are attachable to rotary tools (specification, p. 1).  A copy                 
              of the claims under appeal is set forth in the appendix to the appellant's brief.                           


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Stratford                           1,779,682                           Oct. 28, 1930                       
              Barry et al. (Barry)                5,725,423                           Mar. 10, 1998                       
              Tool and Manufacturing Engineers Handbook, Fourth Edition, Volume 1 Machining,                              
              1983, Society of Manufacturing Engineers, page 11-57 (Handbook)                                             


                     Claims 57 to 72 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 53, 54, 57 and 58 stand rejected under 35 U.S.C. § 102(b) as being                            
              anticipated by Handbook.                                                                                    


                     Claims 55, 56, 59 to 66 and 68 to 72 stand rejected under 35 U.S.C. § 103 as                         
              being unpatentable over Handbook and Stratford.                                                             








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