Ex parte WERNER et al. - Page 13




          Appeal No. 1998-1125                                      Page 13           
          Application No. 08/410,247                                                  


                                     CONCLUSION                                       
               The decision of the examiner to reject claims 1-8 under                
          35 U.S.C. § 112, second paragraph as being indefinite for                   
          failing to particularly point out and distinctly claim the                  
          subject matter which applicant regards as the invention and to              
          reject claims 1-6  under 35 U.S.C. § 103 as being unpatentable              
          over Smits I is reversed.  The decision of the examiner to                  
          reject claims 1, 2, 4, 6 and 8 under 35 U.S.C. § 102 as                     
          anticipated by Smits II and to reject claims 1-6 and 8 under                
          35 U.S.C. § 103 as being unpatentable over Smits II is                      
          affirmed.                                                                   
























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