Ex parte PHAN - Page 3




                 Appeal No. 1997-3103                                                                                                                   
                 Application 08/449,647                                                                                                                 


                                                                                                                                                       
                                                               THE REJECTIONS                                                                           
                          The claims stand rejected as follows: claims 5, 7, 9, 11-                                                                     
                 14 and 18 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; claim 12 under 35 U.S.C. § 112, fourth paragraph,                                                                           
                 as being improper dependent form for failing to further limit                                                                          
                 the subject matter of a previous claim; claims 3, 5, 7, 9, 12                                                                          
                 and 13 under 35 U.S.C. § 102(b) as being anticipated by                                                                                
                 Pigneul; and claims 3, 5, 7, 9, 11-13 and 18 under 35 U.S.C.                                                                           
                 § 103 as being obvious over Raley in view of Pigneul.                                          1                                       
                                                                     OPINION                                                                            
                          We affirm the rejections of claims 3, 5, 7, 9 and 12                                                                          


                          1In the answer (pages 2 and 5) the examiner withdraws a                                                                       
                 rejection of claim 12 under 35 U.S.C. § 112, second paragraph,                                                                         
                 withdraws all rejections under 35 U.S.C. §§ 102 and 103 based                                                                          
                 on U.S. 5,281,207 to Chmielewski, and withdraws the rejection                                                                          
                 of claim 14 under 35 U.S.C. § 103 over Raley in view of                                                                                
                 Pigneul.                                                                                                                               
                                                                         -3-3                                                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007