Appeal No. 1997-4354
Application 08/177,296
Diefendorff 4,868,765 Sep. 19,
1989
Claims 15-21 stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly point
out and distinctly claim the subject matter which applicant
regards as the invention.
Claims 15-21 stand rejected under 35 U.S.C. § 101 because
they are directed towards non-statutory subject matter.
Claims 1-3, 5, 8-10, 12 and 15-22 stand rejected under 35
U.S.C. § 102(b) as anticipated by Diefendorff.
Claims 6, 7, 13 and 14 stand rejected under 35 U.S.C. § 103
as being unpatentable over Diefendorff.
The respective positions of the examiner and the appellants
with regard to the propriety of these rejections are set forth in
the examiner’s answer and supplemental answer (Paper Nos. 13 and
15), and the appellants’ brief and reply brief (Paper Nos. 12 and
14).
Appellants’ Invention
The invention is adequately described at pages 2 and 3 of
the brief.
The Prior Art
3
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