Appeal No. 1998-1440 Page 3
Application No. 08/368,452
The references relied on in rejecting the claims follow:
Heffernan 4,824,487 Apr.
25, 1989
Haruta et al. (Haruta) 5,182,579 Jan. 26, 1993.
Claims 5-9 and 11-16 stand rejected under 35 U.S.C. §
112, ¶ 2, as indefinite. Claims 4-16 stand rejected under 35
U.S.C. § 103(a) as obvious over Haruta in view of Heffernan.
Rather than repeat the arguments of the appellants or examiner
in toto, we refer the reader to the briefs and answer for the
respective details thereof.
OPINION
In deciding this appeal, we considered the subject matter
on appeal and the rejection advanced by the examiner.
Furthermore, we duly considered the arguments and evidence of
the appellants and examiner. After considering the totality
of the record, we are persuaded that the examiner erred in
rejecting claims 5-9, 11-13, 15, and 16 as indefinite and in
rejecting claims 4-16 as obvious over Haruta in view of
Heffernan. We are also persuaded that the examiner did not
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