Ex parte CRUZ - Page 4




          Appeal No. 1999-1505                                       Page 4           
          Application No. 08/638,454                                                  


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The indefiniteness rejection                                                
               We sustain the rejection of claims 12 through 19 under                 
          35 U.S.C. § 112, second paragraph.                                          


               In the final rejection (pp. 2-3) and the answer (p. 3),                
          the examiner set forth his rationale as to why claims 12                    
          through 19 were indefinite.                                                 


               The appellant has not specifically contested this                      
          rejection in the brief or reply brief.  Accordingly, we                     
          summarily sustain the rejection of claims 12 through 19 under               
          35 U.S.C. § 112, second paragraph.                                          









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