Ex parte IVES - Page 3




          Appeal No. 2001-1334                                                        
          Application No. 09/251,656                                                  


                                     PRIOR ART                                        
               The reference relied on by the examiner as evidence of                 
          anticipation is:                                                            
          Schaar                   3,731,689                May 8, 1973               




                                   THE REJECTIONS                                     
               Claim 1 stands rejected under 35 U.S.C. § 112, second                  
          paragraph, as failing to particularly point out and distinctly              
          claim the subject matter the appellant regards as the                       
          invention.                                                                  
               Claim 1 also stands rejected under 35 U.S.C. § 102(b) as               
          being anticipated by Schaar.                                                
               Attention is directed to the appellant’s brief (Paper No.              
          8) and to the examiner’s final rejection and answer (Paper                  
          Nos. 4 and 9) for the respective positions of the appellant                 
          and the examiner with regard to the merits of these                         
          rejections.                                                                 
                                     DISCUSSION                                       
          I. The 35 U.S.C. § 112, second paragraph, rejection                         


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