Ex Parte GRAY et al - Page 3




              Appeal No. 2001-2629                                                                Page 3                
              Application No. 08/931,080                                                                                


                     (1) Claims 12, 16 and 18 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 appellants regard as the invention.                                       
                     (2) Claims 11, 16, 18 and 19 under 35 U.S.C. § 103(a) as being                                     
                     unpatentable over Schmitz in view of Cooper, Reindl and Pigneul.                                   
                     (3) Claims 1 and 4 under 35 U.S.C. § 103(a) as being unpatentable over                             
                     Schmitz in view of Cooper, Reindl and Pigneul.                                                     
                     (4) Claims 2, 12 and 14 under 35 U.S.C. § 103(a) as being unpatentable                             
                     over Schmitz in view of Cooper, Reindl, Pigneul and Gagnon.                                        
                     (5) Claim 3 under 35 U.S.C. § 103(a) as being unpatentable over Schmitz                            
                     in view of Cooper, Reindl, Pigneul, Stevens and Enloe.                                             
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejections, we make reference to the Answer                      
              (Paper No. 29) and the final rejection (Paper No. 16) for the examiner's complete                         
              reasoning in support of the rejections, and to the Substitute Brief (Paper No. 27) and                    
              Substitute Reply Brief (Paper No. 33) for the appellants’ arguments thereagainst.                         




                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellants’ specification and claims, to the applied prior art references, and to the                 


                     2(...continued)                                                                                    
              § 103(a), and of claims 1-4, 11 and 19 under 35 U.S.C. § 112, second paragraph, were withdrawn in the     
              Answer (see the paragraph bridging pages 2 and 3)                                                         






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