Ex parte NICKENS et al. - Page 3




         Appeal No. 1998-3402                                      Page 3          
         Application No. 08/190,929                                                


              Claims 4 and 5 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 the appellants regard as the invention.                             


              Claims 1 to 5, 9, 13 to 15, 18 and 19 stand rejected                 
         under 35 U.S.C. § 103 as being unpatentable over Hay or Brooks            
         in view of Mattern, Gablin and De Gregorio.                               


              Claims 6 to 8 stand rejected under 35 U.S.C. § 103 as                
         being unpatentable over Hay or Brooks in view of Mattern,                 
         Gablin and De Gregorio as applied to claim 1 above, and                   
         further in view of Nguyen.                                                


              Claims 10 to 12 stand rejected under 35 U.S.C. § 103 as              
         being unpatentable over Hay or Brooks in view of Mattern,                 
         Gablin and De Gregorio as applied to claim 1 above, and                   
         further in view of Earth Resources Corporation.                           


              Rather than reiterate the conflicting viewpoints advanced            
         by the examiner and the appellants regarding the above-noted              







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