Ex parte PALESTRO et al. - Page 3




          Appeal No. 1996-3042                                                        
          Application 08/293,153                                                      


          and second paragraphs, as the claimed invention is not                      
          described in such full, clear, concise and exact terms as to                
          enable any person skilled in the art to make and use the same,              
          and/or for failing to particularly point out and distinctly                 
          claim the subject matter which appellants regard as their                   
          invention.  The claims stand rejected under 35 U.S.C. § 103 as              
          follows: claims 1-3 and 7-9 over Sievers in view of Nelson;                 
          claims 4 and 5 over Sievers in view of Nelson and Minto; and                
          claim 6 over Sievers in view of Nelson, Minto and appellants’               
          acknowledged prior art on pages 8 and 9 of the specification.               
                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with                      
          appellants that the aforementioned rejections are not well                  
          founded.  Accordingly, we reverse these rejections.                         
                  Rejection under 35 U.S.C. § 112, second paragraph                   
               The relevant inquiry under 35 U.S.C. § 112, second                     
          paragraph, is whether the claim language, as it would have                  
          been interpreted by one of ordinary skill in the art in light               
          of appellants’ specification and the prior art, sets out and                


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