Ex Parte Fell et al - Page 3




             Appeal No. 2004-1928                                                          Page 3              
             Application No. 09/796,375                                                                        



             21, 2003) and reply brief2 (filed August 18, 2003) for the appellants' arguments                  
             thereagainst.                                                                                     


                                                  OPINION                                                      
                   In reaching our decision in this appeal, we have given careful consideration to             
             the appellants' specification and claims, to the reference to Roe, and to the respective          
             positions articulated by the appellants and the examiner.  As a consequence of our                
             review, we make the determinations which follow.                                                  


             The indefiniteness rejection                                                                      
                   We sustain the rejection of claims 1 to 20 under 35 U.S.C. § 112, second                    
             paragraph.                                                                                        


                   In the final rejection (p. 5) and the answer (p. 4), the examiner set forth her             
             rationale as to why claims 1 to 20 were indefinite.                                               


                   2 As corrected by the Letter of Clarification (filed September 2, 2003).                    











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