Ex parte CRUZ - Page 3




          Appeal No. 1999-1505                                       Page 3           
          Application No. 08/638,454                                                  


          Byrd et al.              5,772,291                     June 30,             
          1998                                                                        
          (Byrd)                                  (filed Feb. 16, 1996)               


               Claims 12 through 19 stand rejected under 35 U.S.C. §                  
          112, second paragraph, as being indefinite for failing to                   
          particularly point out and distinctly claim the subject matter              
          which the appellant regards as the invention.                               


               Claims 12 through 19 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over the admitted prior art in view of                
          Tinker and Anderson.                                                        


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the final rejection (Paper                 
          No. 9, mailed December 4, 1997) and the examiner's answer                   
          (Paper No. 18, mailed September 29, 1998) for the examiner's                
          complete reasoning in support of the rejections, and to the                 
          appellant's brief (Paper No. 17, filed July 3, 1998) and reply              
          brief (Paper No. 19, filed November 30, 1998) for the                       
          appellant's arguments thereagainst.                                         







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