Ex parte BANDA et al. - Page 4




                     Appeal No. 1997-1208                                                                                                                                              
                     Application 08/077,219                                                                                                                                            


                                1. Claims 1, 2, 4-7, 9-12, 14-17, 19, and 20 stand                                                                                                     
                     finally rejected under 35 U.S.C. § 112, first paragraph, as                                                                                                       
                     being based on an inadequate disclosure.                                                                                                                          
                                2.         Claims 1, 2, 4-7, 9-12, 14-17, 19, and 20 stand                                                                                             
                     finally rejected under 35 U.S.C. § 112, second paragraph, for                                                                                                     
                     failing to particularly point out and distinctly claim the                                                                                                        
                     invention.                                                                                                                                                        
                                3.         Claims 1, 2, 4-7, 9-12, 14-17, 19, and 20 stand                                                                                             
                     finally rejected under 35 U.S.C. § 103 as unpatentable over                                                                                                       
                     East.                                                                                                                                                             


                                Rather than reiterate the arguments of Appellants and the                                                                                              
                     Examiner, reference is made to the Briefs  and Answer for the                           3                                                                         
                     respective details thereof.                                                                                                                                       
                                                                                   OPINION                                                                                             


                                3  The original Appeal Brief was filed May 20, 1996 to                                                                                                 
                     which the Examiner responded with an Examiner’s Answer dated                                                                                                      
                     July 15, 1996 and a Supplemental Examiner’s Answer dated                                                                                                          
                     October 2, 1996.  A corrected original Appeal Brief was filed                                                                                                     
                     September 13, 1999.  In response to the correction and                                                                                                            
                     remailing of the original Examiner’s Answer on September 17,                                                                                                      
                     1999, a Reply Brief was filed November 22, 1999, which was                                                                                                        
                     acknowledged and entered by the Examiner without further                                                                                                          
                     comment on December 3, 1999.                                                                                                                                      
                                                                                          4                                                                                            





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