Ex parte BARBERG - Page 3




          Appeal No. 96-3407                                                          
          Application 08/325,549                                                      


          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 1, 16 and 17 under 35 U.S.C. § 103 as being                     
          unpatentable over Harrill in view of Chong.                                 


               Claims 18, 19, 22, 24, 26, 33, 34, 36 and 37 under 35                  
          U.S.C. § 103 as being unpatentable over Chong in view of                    
          Harrill.                                                                    
               The examiner's rejections are explained on pages 3-6 of                
          the answer.  The arguments of the appellant and examiner in                 
          support of their respective positions may be found on pages 6-              
          29 of the brief and pages 7-9 of the  answer.                               


                                       OPINION                                        
               As a preliminary matter we note that the brief contains                
          arguments as to the propriety of the examiner's requirement                 
          that the drawings be corrected.  Under 35 U.S.C. § 134 and 37               
          CFR                                                                         
          § 1.191, appeals to the Board of Patent Appeals and                         
          Interferences are taken from the decision of the primary                    
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