Ex parte SIMMONS - Page 3




                 Appeal No. 1997-0595                                                                                     Page 3                        
                 Application No. 08/154,911                                                                                                             


                          Claims 13 to 17  stand rejected under 35 U.S.C. § 112,2                                                                                                  
                 first 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                                                                               
                 invention, and/or for failing to particularly point out and                                                                            
                 distinctly claim the subject matter which the appellant                                                                                
                 regards as the invention.                                                                                                              


                          Claim 3 stands rejected under 35 U.S.C. § 102(b) as being                                                                     
                 anticipated by Johnson.                                                                                                                


                          Claims 1 to 8 and 10 stand rejected under 35 U.S.C. § 103                                                                     
                 as being unpatentable over Johnson in view of D'Angelo.                                                                                








                          2While claim 17 was not specifically included in this                                                                         
                 rejection, we conclude that the examiner intended claim 17 to                                                                          
                 be included since claim 17 is dependent on claim 16.                                                                                   
                 Additionally, the appellant has grouped claims 14-17 to stand                                                                          
                 or fall with claim 13 with respect to this rejection (brief,                                                                           
                 p. 9).                                                                                                                                 







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