Appeal No. 1996-3597 Page 9
Application No. 08/050,825
facie obviousness of the claimed invention as a whole,
including each and every limitation of the claims. In re
Fine, 837 F.2d 1071, 1075, 5 USPQ 1596, 1600 (Fed. Cir. 1988);
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1967). Accordingly, we
shall not sustain the examiner*s rejection of the appealed
claims under 35 U.S.C.
§ 103.
CONCLUSION
The decision of the examiner to reject claims 1-5, 10-12
and 20 under 35 U.S.C. § 112, second paragraph as being
indefinite for failing to particularly point out and
distinctly claim the subject matter which appellant regards as
the invention and to reject claims 1-5, 10-12 and 20 under 35
U.S.C. § 103 as being
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