Ex parte STIEGMAN - Page 3




          Appeal No. 1997-1667                                                        
          Application No. 08/226,819                                                  

               Claims 6 through 12, 25, 27 through 33 and 36 through 38               
          stand rejected under the second paragraph of 35 U.S.C.  112                
          as failing to particularly point out and distinctly claim the               
          subject matter which the appellant regards as his invention.                
               Claims 6 through 10, 16 through 20 and 25 through 38                   
          stand rejected under 35 U.S.C.  103 as being unpatentable                  
          over Baiker; claim 12 stands correspondingly rejected as being              
          unpatentable over Baiker in view of Ghosh; and claims 22                    
          through 24 stand correspondingly rejected as being                          
          unpatentable over Baiker in view of Dougherty.                              
                                       OPINION                                        
               For the reasons set forth below, we will sustain the                   
          examiner’s section 112, second paragraph, rejection of claim                
          28 but will not sustain any of the other section 112 or                     
          section 103 rejections before us on this appeal.                            


          The section 112, second paragraph, rejection                                
               As correctly indicated by the appellant in the brief, the              
          examiner’s indefiniteness position is not well founded with                 
          respect to the claim 11 term “thin” (in addition to the                     
          appellant’s comments, see page 9 of the subject specification               

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