Ex parte FRANCIS - Page 2




            Appeal No. 2000-0791                                                          Page 2              
            Application No. 08/858,286                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to a baggage tag.  An understanding of the               
            invention can be derived from a reading of exemplary claim 1, which appears 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:                                                                               
            Breen et al. (Breen)             4,817,310                 Apr. 4, 1989                           
                   Claims 4, 8, 11 and 13 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 appellant regards as the invention.                                                     
                   Claims 1-4 and 9-13 stand rejected under 35 U.S.C. § 102(b) as being anticipated           
            by Breen.                                                                                         
                   Claims 5-8 stand rejected under 35 U.S.C. § 103 as being unpatentable over                 
            Breen.                                                                                            
                   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. 14) for the examiner's complete reasoning in support of the rejections, and to the Brief      
            (Paper No. 13) and Reply Brief (Paper No. 15) for the appellant's arguments thereagainst.         











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