Ex parte SHINMOTO - Page 3




             Appeal No. 1998-1735                                                               Page 3                
             Application No. 08/339,980                                                                               


                    Rather than reiterate the conflicting viewpoints advanced by the examiner and the                 
             appellant regarding the above-noted rejections, we make reference to the Answer (Paper                   
             No. 18) for the examiner's complete reasoning in support of the rejections, and to the                   
             Second Amended Brief (Paper No. 17) for the appellant's arguments thereagainst.                          
                                                      OPINION                                                         
                    In reaching our decision in this appeal, we have given careful consideration to the               
             appellant's specification and claims, the applied prior art references,  the respective                  
             positions articulated by the appellant and the examiner, and the guidance provided by our                
             reviewing court.  As a consequence of our review, we make the determinations which                       
             follow.                                                                                                  

                                       The Rejection Under 35 U.S.C. § 112                                            

                    The examiner has rejected claim 6 as being indefinite because the presence of a                   
             semi-colon in line 6 and the misspelling of “from” as “form” in line 7 renders the claims                
             “confusing” (Answer, page 4).  We regard these items as being inadvertent typographical                  
             errors which, although worthy of correction, certainly do not rise to the level of causing the           
             claim to be indefinite.  This rejection is not sustained.                                                















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