Ex Parte BEGGINS - Page 2



          Appeal No. 2001-1284                                       Page 2           
          Application No. 08/792,765                                                  

                                     BACKGROUND                                       
               The appellant's invention relates to a two-part telescopic             
          lightweight portable bottle cooler apparatus (specification, p.             
          1).  A copy of the claims under appeal is set forth in the                  
          appendix to the appellant's brief.                                          

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Buddrus                  3,120,319                Feb.  4, 1964             
          Cooper                   4,456,134                June 26, 1984             
          Augur                    4,811,858                Mar. 14, 1989             


               Claims 1 to 17, 20 to 22, 28 and 29 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.2               






               2 The examiner included claims 24 to 27 in the statement of            
          this rejection (answer, p. 3), however, claims 24 to 27 are not             
          under appeal as noted on page 1 of this decision.                           





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