Ex parte MILESKI et al. - Page 10




          Appeal No. 96-1637                                                          
          Application 08/130,940                                                      


                    Concerning claims 4-6, 8, 9, and 12, the rejection of             
          these claims will not be sustained essentially for the same reason          
          that the rejection of claim 3 will not be sustained.  There is no           
          prior art evidence teaching the passing wire through a hole in sea          
          ice.  Still further, these claims define over the prior art by              
          reciting that the wire is a ground wire.                                    
                    Summary                                                           
                    In summary:                                                       
                    a) the decision of the examiner to reject claim 12 under          
          35 U.S.C. § 112, second paragraph, as being indefinite for failing          
          to particularly point out and distinctly claim the subject matter           
          which appellants regard as their invention is reversed.                     
                    b) the decision of the examiner to reject claims 1-14             
          under 35 U.S.C. § 103 as being unpatentable over Hine is reversed.          
                    c) the decision of the examiner to reject claims 1-14             
          under 35 U.S.C. § 103 as being unpatentable over Hine and Rogers            
          is affirmed as to claims 1, 2, 7, 10, 11, 13 and 14, and is                 
          reversed as to claims 3-6, 8, 9 and 12.                                     






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