Ex Parte DAILEY et al - Page 3



          Appeal No. 2001-0249                                                        
          Application No. 08/786,494                                                  

                                                                                     
               The examiner relies on the following reference:                        
          Livshits et al. [Livshits]    4,404,059      Sep. 13, 1983                  

               Claim 35 stands rejected under 35 U.S.C. 112, first and                
          second paragraphs, as relying on an inadequate written                      
          description and being indefinite, respectively.                             
               Claims 17, 18, 21, 22, 25, 26 and 31-34 stand rejected under           
          35 U.S.C. 102(b) as anticipated by Livshits.                                
               Claims 19, 20, 23, 24, 27-30 and 35 stand rejected under               
          35 U.S.C. 103 as unpatentable over Livshits.                                
               Reference is made to the brief and answer for the respective           
          positions of appellants and the examiner.                                   

                                       OPINION                                        

               At the outset, we will summarily sustain the rejection of              
          claim 35 under both 35 U.S.C. 112, first paragraph, and under               
          35 U.S.C. 112, second paragraph, because appellants offer no                
          response to the examiner’s rejections on these grounds.                     
               With regard to the rejections based on prior art, appellants           

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