Ex parte WHITNEY - Page 4




          Appeal No. 1999-0718                                                        
          Application 08/594,149                                                      



                    Rather than reiterate the examiner's full statement               
          of the above-noted rejections and the conflicting viewpoints                
          advanced by the examiner and appellant regarding the rejec-                 
          tions, we make reference to the examiner's answer (Paper No.                
          13, mailed October 1, 1998) for the reasoning in support of                 
          the rejections and to appellant’s brief (Paper No. 12, filed                
          July 10, 1998) for the arguments thereagainst.                              





          OPINION                                                                     
                    In reaching our decision in this appeal, this panel               
          of the Board has given careful consideration to appellant’s                 
          specification and claims, to the applied prior art references,              
          and to the respective positions articulated by appellant and                
          the examiner.  As a consequence of our review, we find that we              
          must reverse the examiner's rejections of claims 1 through 6                
          on appeal under both 35 U.S.C. § 102(b) and § 103 because we                
          are unable to clearly understand the claimed subject matter                 
          due to language which we find renders appellant’s claims                    

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