Ex parte BOREALI et al. - Page 4




          Appeal No. 1999-1965                                                        
          Application 08/529,230                                                      


          over Boreali in view of Yokota and Cassia;                                  
               g) claim 10 under 35 U.S.C. § 103(a) as being                          
          unpatentable over Boreali in view of Yokota, Cassia and Kudo;               
          and                                                                         
               h) claim 20 under 35 U.S.C. § 103(a) as being                          
          unpatentable over Boreali in view of Yokota, Szczepaniec and                
          Hirono.                                                                     
               Reference is made to the appellants’ main and reply                    
          briefs (Paper Nos. 22 and 25) and to the examiner’s answer                  
          (Paper No. 24) for the respective positions of the appellants               
          and the examiner with regard to the merits of these                         
          rejections.                                                                 







               The 35 U.S.C. § 112, second paragraph, rejection rests on              
          the examiner’s determination that claims 5, 6, 17, 18 and 20                
          are indefinite because                                                      
               i)   In claim 5 [and presumably claim 17], the                         
               phrase         “a label” is vague and indefinite in                    
               that it is a        double inclusion of the same                       
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