Ex parte VALA et al. - Page 3




         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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