Ex parte JENKINS et al. - Page 3




          Appeal No. 1997-0449                                                        
          Application 08/380,244                                                      


          material bearing planographic indicia thereon at predetermined              
          intervals, with said release material comprising                            
               (a) means by which the planographic indicia is                         
                    applied to the shingle, to which the release                      
                    material is affixed; and                                          
          with said planographic indicia                                              
               (b) comprising means for identifying the shingle as                    
                    to at least one parameter of its manufacture.                     
               The references relied upon by the examiner in the final                
          rejection are:                                                              
          McCorkle                      3,138,897                June  30,            
                                                            1964                      
          Morgan et al. (Morgan)        3,624,975                Dec.   7,            
                                                            1971                      
          Hoffman                       3,835,604                Sept. 17,            
                                                            1974                      
          Tajima et al. (Tajima)        4,055,453                Oct.  25,            
                                                            1977                      
          Small                         4,644,592                Feb.  24,            
                                                            1987                      
          May                           4,751,122                June  14,            
                                                            1988                      
          Simon                         4,907,636                Mar.  13,            
                                                            1990                      
               The following rejections are before us for review:                     
               (a) claim 13, under 35 U.S.C. § 112, second paragraph, as              
          being indefinite for failing to particularly point out and                  
          distinctly claim the subject matter which appellants regards                
          as the invention,                                                           

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