Ex parte RICH - Page 3




          Appeal No. 96-4144                                         Page 3           
          Application No. 08/169,019                                                  


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellant regarding the above-noted                    
          rejections, we make reference to the examiner's answer (Paper No.           
          7, mailed January 17, 1996) and the supplemental examiner's                 
          answer (Paper No. 9, mailed June 11, 1996) for the examiner's               
          complete reasoning in support of the rejections, and to the                 
          appellant's brief (Paper No. 6, filed October 10, 1995) and reply           
          brief (Paper No. 8, filed March 18, 1996) for the appellant's               
          arguments thereagainst.                                                     


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The indefiniteness issue                                                    
               We will not sustain the examiner's rejection of claims 1               
          through 9 under 35 U.S.C. § 112, as being indefinite for failing            









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