Appeal No. 97-0544 Page 5
Application No. 08/177,108
In reaching our decision in this appeal, we considered
the subject matter on appeal and the rejections and evidence
advanced by the examiner. We also considered the arguments of
the appellants and examiner. After considering the entire
record before us, we are not persuaded that the examiner erred
in rejecting claims 16-30 under 35 U.S.C. § 112. We are
persuaded, however, that the examiner erred in rejecting
claims 16-30 under 35 U.S.C. § 103. Accordingly, we affirm.
Our opinion addresses the indefiniteness of the claims and the
obviousness thereof seriatim.
Indefiniteness of the Claims
Regarding the indefiniteness of claims 16-30, the
appellants concede the propriety of the rejection. (Appeal
Br. at 2.) Therefore, we affirm the rejection pro forma.
Next, we address the obviousness of the claims.
Obviousness of the Claims
Regarding the obviousness of claims 16-30, the appellants
argue, “It is a fact that the gratings in Smith are preferably
computer-generated holograms. These holograms, however, do
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