Appeal No. 1999-2035 Page 7
Application No. 07/772,698
We also agree with the appellant's argument (reply brief,
pp. 2-3) that the specific terms recited in claims 32 and 37
(i.e., "the front by the net" recited in claim 32 and "the
identifying means further includes markings corresponding to
traditional court marks" recited in claim 37) would be clearly
understood by those skilled in the art. Accordingly, we
conclude that claims are definite under the second paragraph
of 35 U.S.C. § 112.
For the reasons stated above, the decision of the
examiner to reject claims 32 through 37 under 35 U.S.C. § 112,
second paragraph, is reversed.
The obviousness rejections
Upon evaluation of all the evidence before us, it is our
conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness.
Accordingly, we will not sustain the examiner's rejection of
claims 32 through 37 under 35 U.S.C. § 103.
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