Ex parte GERBER - Page 2




            Appeal No. 1999-2101                                                          Page 2              
            Application No. 08/929,012                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to an apparatus for bite cutting garments.  An           
            understanding of the invention can be derived from a reading of exemplary claim 15, which         
            appears in the appendix to the appellant's Brief.                                                 
                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Gerber (‘980)                          4,091,980                 May 30, 1978                     
            Gerber (‘820)                          4,178,820                 Dec. 18, 1979                    
            Gerber (‘572)                          5,141,572                 Aug. 25, 1992                    
            Le Blond                               2 133 731                 Aug.   1, 1984                   
            (UK Patent Application)                                                                           
                   Claims 15-21 stand rejected under 35 U.S.C. § 112, second paragraph, as being              
            indefinite for failing to particularly point out and distinctly claim the subject matter which the
            applicant regards as the invention.                                                               
                   Claims 15-21 stand rejected under 35 U.S.C. § 103 as being unpatentable over               
            Gerber ‘572 in view of Gerber ‘820, Le Blond and Gerber ‘980.                                     
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and the          
            appellant regarding the above-noted rejections, we make reference to the Answer (Paper            
            No. 27) for the examiner's complete reasoning in support of the rejections, and to the Brief      
            (Paper No. 26) and Reply Brief (Paper No. 28) for the appellant's arguments thereagainst.         










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