Ex Parte TENNENBAUM et al - Page 3




                Appeal No. 2001-1487                                                                                                           
                Application No. 08/970,824                                                                                                     


                Chen.                                                                                                                          
                         Rather than reiterate the conflicting viewpoints advanced by the examiner and                                         
                appellants regarding the above-noted rejections, we make reference to the examiner's                                           
                answer (Paper No. 13, mailed Nov. 8, 2000) for the examiner's reasoning in support of                                          
                the rejections, and to appellants' brief (Paper No. 12, filed Aug. 9, 2000) and reply brief                                    
                (Paper No. 14, filed Jan. 11, 2001) for appellants' arguments thereagainst.                                                    
                                                                 OPINION                                                                       
                         In reaching our decision in this appeal, we have given careful consideration to                                       
                appellants' specification and claims, to the applied prior art references, and to the                                          
                respective positions articulated by appellants and the examiner.  As a consequence of                                          
                our review, we make the determinations which follow.                                                                           
                         Appellants argue that claims 1-17 do not stand or fall together.  (See brief at                                       
                page 10.)  Therefore, we will address the claims as separately argued in the brief.                                            
                         With respect to independent claim 1, appellants argue that the examiner has not                                       
                established a prima facie case of anticipation of the recited claimed invention because                                        
                the examiner has not performed the requisite claim interpretation of the recited                                               
                limitations in “means-plus-function” format.  (See brief at pages 11-12.)  Appellants                                          
                argue that the examiner has not performed the requisite analysis under 35 U.S.C.                                               
                § 112, sixth paragraph to properly construe the recited limitations in “means-plus-                                            
                function” format.  (See brief at pages 13-14.)  Appellants argue that the vectors and the                                      

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