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was not written for publication and is not binding precedent of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. 16
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte GARY E. FOWLER
and STEVE P. PHIFER
______________
Appeal No. 1999-2530
Application 08/882,809
_______________
ON BRIEF
_______________
Before GARRIS, WARREN and LIEBERMAN, 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 views of the examiner, in the answer, and appellants, in the brief and reply brief, and based on
our review, find that we cannot sustain either of the rejections of appealed claims 1 through 20,1 under
35 U.S.C. § 112, second paragraph, as being indefinite for failing to particularly point out and distinctly
1 See the amendment of May 18, 1998 (Paper No. 5). Claim 21, also of record, stands withdrawn
from consideration by the examiner under 37 CFR § 1.142(b).
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