Ex parte KAZMAIER et al. - Page 3




                 Appeal No. 1998-3264                                                                                                                   
                 Application No. 08/345,371                                                                                                             

                          The reference set forth below is the sole reference                                                                           
                 applied by the examiner in the rejections before us:                                                                                   
                 Georges et al. (Georges)                                       5,322,912                           Jun. 21,                            
                 1994                                                                                                                                   
                          As expressed on page 4 of the answer, “[c]laims 1, 2, 6,                                                                      
                 8, 10, 11, 14, 16-18, 20, 22, 23 [are] rejected under 35                                                                               
                 U.S.C.                                                                                                                                 
                 § 112, first and second paragraphs, as the claimed invention                                                                           
                 is not described in such full, clear, concise and exact terms                                                                          
                 as to enable any person skilled in the art to make and use the                                                                         
                 same, and/or for failing to particularly point out and                                                                                 
                 distinctly claim the subject matter which applicant regards as                                                                         
                 the invention.”                                                                                                                        
                          As expressed on page 3 of the answer, “[c]laims 1-6                                                                           
                 [sic], 8, 10-12 [sic], 14-18 [sic], 20, 22 [are] rejected                                                                              
                 under                                                                                                                                  
                 35 U.S.C. § 102(a) as anticipated by or, in the alternative,                                                                           
                 under 35 U.S.C. § 103 as obvious over Georges.”1                                                                                       

                          1Plainly, the examiner has inaptly listed the claims                                                                          
                 included in his above noted prior art rejection.  For purposes                                                                         
                 of completeness in our disposition of this appeal, we will                                                                             
                 assume that the prior art rejection has been applied against                                                                           
                 all of the claims on appeal.                                                                                                           
                                                                           3                                                                            





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