Appeal No. 1998-0631
Application 07/957,990
§ 112, second paragraph, as vague and indefinite for failing
to particularly point out and distinctly claim the subject
matter which the applicant regards as his invention.
Claims 1, 24, 26, 97, 117, and 119 stand rejected under
35 U.S.C. § 102(b) as anticipated by the "Human Factor"
publication. The Examiner has apparently withdrawn the
rejection of claims 9, 10, 27, 29, 30, 98, 113, 120, 136,
137, and 207 under 35 U.S.C. § 102(b), as set out in the
Office Action of Paper No. 20, because the rejection is not
repeated in the Examiner's Answer. See Ex parte Emm,
118 USPQ 180, 181 (Bd. App. 1957) (rejection not referred to
in the examiner's answer is assumed to have been withdrawn).
This renders Appellant's third issue (claims 10, 30, 113,
and 137), fourth issue (claims 9, 29, 98, and 136), fifth
issue (claim 207), and sixth issue (claims 27 and 120) moot.
Claims 12, 14-16, 25, 45-47, 114-116, 118, 138-140,
206, 210, and 211 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the "Human Factor" publication.
Claims 28 and 135 stand rejected under 35 U.S.C. § 103
as being unpatentable over the "Human Factor" publication
and Johnson.
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