Ex parte DEL GIORNO - Page 3




          Appeal No. 96-3157                                         Page 3           
          Application 08/088,136                                                      


                                     BACKGROUND                                       
               The appellant's invention relates to a method of making                
          individualized restaurant menus.  An understanding of the                   
          invention can be derived from a reading of exemplary claim 1,               
          which appears on pages 1-2 of the appendix to the appellant's               
          brief.                                                                      


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Madsen et al. (Madsen)   4,954,954                Sept. 4, 1990             



               Claims 1, 2, 6, 8 to 12 and 19 to 21 stand rejected under              
          35 U.S.C. § 101 as being directed to non-statutory subject                  
          matter.                                                                     


               Claims 1, 2, 6, 8 to 12 and 19 to 21 stand rejected under              
          35 U.S.C. § 112, second paragraph, as being indefinite for                  
          failing to particularly point out and distinctly claim the                  
          subject matter which the appellant regards as the invention.                


               Claims 20 and 21 stand rejected under 35 U.S.C. § 112,                 






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