Ex parte FU et al. - Page 5




          Appeal No. 95-2233                                                          
          Application 07/978,014                                                      


          on the grounds of rejection set forth in the Examiner’s Answer,             
          this case presents two issues on appeal:                                    
               (1) Whether the examiner erred in rejecting claims 2 through           
          6, 8 and 9 under 35 USC § 112, second paragraph, as indefinite;             
          and                                                                         


               (2) Whether the examiner erred in rejecting claims 2 through           
          6, 8 and 9 under 35 USC § 103 as unpatentable over the combined             
          disclosures of Feyen, Narayanan, and Morner.                                

                                    DELIBERATIONS                                     

               Our deliberations in this matter have included evaluation              
          and review of the following materials:                                      
               (1) The instant specification, including Figures 1 and 2 and           
          all of the claims on appeal;                                                
               (2) Applicants’ Brief before the Board;                                
               (3) The Examiner’s Answer;                                             
               (4) The above-cited references relied on by the examiner;              
          and                                                                         
               (5) Paper No. 3 filed November 4, 1993, including copies of            
          the trade literature attached thereto.                                      
               On consideration of the record, including the above-listed             

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