Ex Parte HILL et al - Page 2



          Appeal No. 1999-0956                                                        
          Application No. 08/584,084                                                  

          claims 28, 39, and 48 are illustrative of the subject matter on             
          appeal.  A copy of the appealed claims can be found in Appendix A           
          to appellants’ brief.1                                                      
               The following reference has been relied upon by the examiner           
          as evidence of anticipation:                                                
          Labombarde               2,857,827                Oct. 28, 1958             
               Claims 28-53 stand rejected under 35 U.S.C. § 112, second              
          paragraph, “as being indefinite” (answer, page 5) and/or “as                
          being incomplete” (answer, pages 8-10).                                     
               Claims 28-53 stand rejected under 35 U.S.C. § 112, first               
          paragraph, “as based on a disclosure which is not enabling and              
          does not comply with the written description requirement”                   
          (answer, page 2).                                                           
               Claims 28-31 and 33-35 stand rejected under 35 U.S.C.                  
          § 102(b) as being anticipated by Labombarde.                                
               Reference is made to appellants’ main and reply briefs                 
          (Paper Nos. 13 and 15) and to the examiner’s answer (Paper No.              
          14) for the respective positions of appellants and the examiner             
          regarding the merits of these rejections.                                   

               1Appendix A also includes a copy of claims 54-61, which, as            
          noted above, have been withdrawn from consideration pursuant to             
          37 CFR § 1.142(b).                                                          
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