Ex parte FREDBERG et al. - Page 6




          Appeal No. 2001-0250                                       Page 6           
          Application No. 08/283,074                                                  


          that the examiner erred in rejecting claims 17, 42-46, 74, 77,              
          78, 80, and 91 as indefinite; in rejecting claims 1, 7, 10,                 
          12, 15, 16, 18, 21, 23, 39, 67, 89, and 91 as anticipated by                
          Seybert; and in rejecting claims 11, 22, and 90 as obvious                  
          over Seybert.  We are not persuaded that he erred in rejecting              
          claims 1-4, 6-12, 17, 20-24, 54-57, and 59-64 as claiming the               
          same invention as that of claims 1-4, 6-12, and 16-19 of                    
          Fredberg; in rejecting claims 18 and 73 as unpatentable over                
          claims 16 and 12 of Fredberg; or in rejecting claims 2-4, 6,                
          17, and 81-83 as obvious over Seybert in                                    


          view of Schroeder.  Accordingly, we affirm-in-part.  Our                    
          opinion addresses the following rejections:                                 
               •    indefiniteness rejection of claims 17, 42-46, 74,                 
                    77, 78, 80, and 91                                                
               •    double patenting rejection of claims 1-4, 6-12, 17,               
                    20-24, 54-57, and 59-64 and obviousness-type                      
               double patenting rejection of claims 18 and 73                         
               •    anticipation rejection of claims 1, 7, 10, 12, 15,                
                    16, 18, 21, 23, 39, 67, 89, and 91 and obviousness                
                    rejection of claims 2-4, 6, 11, 17, 22, 81-83, and                
                    90.                                                               
          We begin with the indefiniteness rejection.                                 









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