Appeal No. 95-4814
Application 07/935,507
The references relied on by the examiner are:
Martino 4,220,982 Sept. 2,
1980
Vala et al. (Vala) 5,089,713 Feb. 18,
1992
Claims 1 through 5 and 18 through 25 stand rejected
under the second paragraph of 35 U.S.C. § 112 as being
indefinite for failing to particularly point out and
distinctly claim the subject matter which appellants regard as
the invention. According to the examiner, "[t]hese claims
cite a function of the apparatus without reciting in the claim
sufficient structure to enable that function to be effected:
there is only one element recited in the claim, a lambertian
vessel" (Answer, pages 3 and 4).
Claims 1 through 25 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Vala in view of Martino.
Reference is made to the briefs and the answers for
the respective positions of the appellants and the examiner.
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