Ex Parte JANZEN - Page 3



          Appeal No. 2001-1276                                                        
          Application No. 09/122,519                                                  

                                       OPINION                                        

               In reaching our conclusion on the indefiniteness and                   
          enablement issues raised in this appeal, this panel of the board            
          has carefully considered appellant's specification and claim 1,             
          and the respective viewpoints of appellant and the examiner.  As            
          a consequence of our review, we make the determinations which               
          follow.                                                                     

               We are constrained to sustain the rejection of appellant's             
          claim 1 under 35 U.S.C. § 112, as well as the rejection of the              
          dependent claims, which latter claims stand or fall with claim 1            
          as earlier indicated.  Our reasons appear below.                            

               While the examiner has failed to denote the particular                 
          paragraphs of 35 U.S.C. § 112 at issue, the content of the                  
          rejection (final rejection; page 2) makes it apparent that                  
          35 U.S.C. § 112, second paragraph (indefiniteness) and 35 U.S.C.            











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