Ex parte AVERY et al. - Page 1






                                          The opinion in support of the decision being entered today                                            
                                     was not written for publication and is not binding precedent of                                            
                                     the Board.                                                                                                 
                                                                                                     Paper No. 12                               

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             _______________                                                                    

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                         AND INTERFERENCES                                                                      
                                                             _______________                                                                    

                                         Ex parte RAGNAR R. AVERY, JEFFREY S. BAKER,                                                            
                                             GERALD A. BEELER, MICHAEL H. BROWN                                                                 
                                                         and KEVIN J. OKESON                                                                    
                                                              ______________                                                                    

                                                           Appeal No. 1998-1159                                                                 
                                                           Application 08/642,019                                                               
                                                             _______________                                                                    

                                                                 ON BRIEF                                                                       
                                                             _______________                                                                    

                Before KIMLIN, WARREN and DELMENDO, Administrative Patent Judges.                                                               

                WARREN, Administrative Patent Judge.                                                                                            
                                                     Decision on Appeal and Opinion                                                             
                         We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the                            
                opposing view of the examiner, in the answer, and appellants, in the brief, and based on our review, find                       
                that we cannot sustain the ground of rejection of appealed claims 1 and 4 through 15 under 35 U.S.C. §                          
                112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the                       
                subject matter which applicants regard as the invention, or the ground of rejection of appealed claims 1                        
                and 4 through 16 under 35 U.S.C. § 103(a)  as being unpatentable over Groenhof in view of Keil,                                 




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