Appeal No. 1997-3936
Application No. 08/449,409
Claims 1 through 16 and 18 stand rejected under 35 U.S.C.
§ 102(e) as being anticipated by Alvarez.
Reference is made to the Examiner's Answer (Paper No. 13,
mailed April 21, 1997) for the examiner's complete reasoning
in support of the rejections, and to appellant's Brief (Paper
No. 12, filed March 10, 1997) for appellant's arguments2
thereagainst.
OPINION
We have carefully considered the claims, the applied
prior art reference, and the respective positions articulated
by appellant and the examiner. As a consequence of our
review, we will affirm the indefiniteness rejection of claims
13 and 18 and reverse the obviousness rejection of claims 1
through 16 and 18.
Regarding claims 13 and 18, appellant presented no
arguments in the Brief against the rejection under 35 U.S.C. §
112, second paragraph. Consequently, we will affirm the
indefiniteness rejection of claims 13 and 18.
We note that a Reply Brief was filed as Paper No. 14 on June 26, 1997,2
but was refused entry by the examiner. Accordingly, we will not consider the
Reply Brief in rendering our decision.
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