Ex parte MIYAZAKI - Page 3




                 Appeal No. 96-3258                                                                                                                     
                 Application 08/241,875                                                                                                                 



                          There are no references relied on by the examiner.                                                                            
                          Claims 4 to 10 and 13 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 appellant regards as the invention.  The                                                                                  
                 examiner’s position is expressed at pages 3 and 4 of the                                                                               
                 Answer.                                                                                                                                
                          Rather than repeat the positions of the appellant and the                                                                     
                 examiner, reference is made to the Brief  and the Answer for            2                                                              
                 the respective details thereof.                                                                                                        


                                                                     OPINION                                                                            
                          For all the reasons expressed by the examiner in the                                                                          
                 Answer, and for the additional reasons presented here, we will                                                                         
                 sustain the rejection of claims 4 to 10 and 13 under the                                                                               
                 second paragraph 35 U.S.C. § 112.                                                                                                      




                          2The Reply Brief filed on September 4, 1996 has not                                                                           
                 been entered by the examiner in a communication dated                                                                                  
                 September 25, 1996.  Therefore, we have not considered it in                                                                           
                 our deliberations.                                                                                                                     
                                                                           3                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007