Ex parte MOORMAN - Page 15




          Appeal No. 95-3406                                                          
          Application 07/940,016                                                      



               Claim 8 is rejected under 35 U.S.C.  112, first and second            
          paragraphs, as being based on a specification that fails to                 
          comply with the written description requirement of the first                
          paragraph of 35 U.S.C.  112 and as failing to particularly point           
          out and distinctly claim the invention under the second paragraph           
          of  112 for the reasons set forth above.                                   
               Claim 8 is rejected under 35 U.S.C.  102(b) as being                  
          anticipated by Stiso.  Focussing only on the breadth of the                 
          language of appealed claim 8 and applying the common definition             
          of “An area that is sunk below its surroundings” (The American              
          Heritage Dictionary, second College Edition, Houghton Mifflin Co.           
          1982) for the term “depression”, it is clear from Figures 5, 6              
          and 14 of Stiso that the end of the top member 26 opposite the              
          opening 58 (which end is clearly depicted in Figure 14) includes            
          a "depression" as broadly claimed.                                          
               Accordingly, the decision of the examiner rejecting claim 6            
          under 35 U.S.C.  102(b) and rejecting claim 9 under 35 U.S.C.              
           103 is affirmed, the decision of the examiner rejecting claim 7           
          under 35 U.S.C.  102(b) and rejecting claim 8 under 35 U.S.C.              
           103 is reversed, and new rejections of claim 8 under                      



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