Ex parte THOMAS P. ROGERS - Page 5




          Appeal No. 95-2909                                                          
          Application 08/048,270                                                      


          movable within the meaning of these claims.  Reading the                    
          expression “relatively movable” in light of appellant’s                     
          disclosure, it is evident that what is intended thereby is                  
          relative movability of each paddle relative to the other, not               
          merely of a part of one paddle to a part of the other.                      
               Accordingly, rejection (1) will not be sustained.                      
          Rejections (2) and (3)                                                      
               The Gvoich and Schaub secondary references applied in these            
          rejections do not supply the deficiencies of the primary                    
          reference, Hribar, noted above.  Rejections (2) and (3) will                
          therefore not be sustained.                                                 
          Rejection (4)                                                               
               This rejection, made as a new ground of rejection in the               
          Supplemental Examiner’s Answer (Paper No. 14), is based on the              
          examiner’s holding that claim 6 is indefinite because the terms             
          “said return line” and “said feedline” lack antecedent basis in             
          parent claim 1, which “does not require a feedline that is                  
          separate from the return line” (Supplemental Examiner’s Answer,             
          page 6).                                                                    
               In response, the appellant filed a Reply to Supplemental               
          Examiner’s Answer and Amendment C; the latter paper amended claim           
          1 “to overcome a formal objection [sic:  rejection] to claim 6 in           
          the Supplemental Examiner’s Answer.”  The examiner then issued a            
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