Appeal No. 1999-2725 Page 2
Application No. 08/763,087
BACKGROUND
The appellant's invention relates to a method for collating tools (claims 1-5 and 11-
15), and to a kit for collation of tools (claims 6-10). An understanding of the invention can
be derived from a reading of exemplary claims 1 and 6, which appear in the appendix to
the appellant's Brief.
The prior art reference of record relied upon by the examiner in rejecting the
appealed claims is:
Kupfer 5,079,978 Jan. 14, 1992
Claims 1-5 and 10-15 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 applicant regards as the invention.
Claims 6-9 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Kupfer.
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. 9) for the examiner's complete reasoning in support of the rejections, and to the Brief
(Paper No. 8) for the appellant's arguments thereagainst.
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