Appeal No. 98-2069
Application No. 29/052,369
BACKGROUND
Louis F. Genatossio (appellant) appeals from the
rejection of the following design claim:
The ornamental design for audio signal processing unit
substantially as shown and described.
On March 28, 1996, the appellant filed this design
application with a claim to: The ornamental design for audio
signal processing substantially as shown and described. On
November 20, 1996, the examiner's first Office action (Paper
No. 2) was mailed. In that action, the examiner rejected the
claim as being indefinite under 35 U.S.C. § 112, second
paragraph, because the use of the term "substantially"
therein. On February 25, 1997, the appellant filed a response
(Paper No. 3) requesting withdrawal of the 35 U.S.C. § 112,
second paragraph, rejection. Additionally, the appellant
amended the claim to read as follows: The ornamental design
for audio signal processing unit substantially as shown and
described. On May 21, 1997, the examiner's final Office
action (Paper No. 4) was mailed. No references were relied
upon by the examiner in rejecting the claim, the sole
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