Ex parte HERBERMANN - Page 3




          Appeal No. 97-2999                                         Page 3           
          Application No. 08/338,714                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to ball jointed links.               
          An understanding of the invention can be derived from a                     
          reading of exemplary claims 23, 33 and 36, which appear in the              
          appendix to the appellant's brief.                                          


               The prior art references of record relied upon by the                  
          examiner as evidence of obviousness under 35 U.S.C. § 103 are:              
          Haver                    2,329,369                     Sep. 14,             
          1943                                                                        
          Kujawski                 2,439,009                     Apr.  6,             
          1948                                                                        
          Wagenknecht              4,941,481                     July 17,             
          1990                                                                        



               Claims 33 and 35 through 40 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 23 through 25 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Kujawski in view of Haver.                       







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