Ex Parte LIPRIE - Page 3




          Appeal No. 2002-0933                                                        
          Application No. 09/325,944                                                  


          representative of the subject matter on appeal and a copy of                
          those claims can be found appended to appellant's brief.                    


          The references of record relied upon by the examiner in                     
          rejecting the appealed claims are:                                          
          Rague et al. (Rague)     4,851,694                Jul. 25, 1989             
          Fischell et al.          5,605,530                Feb. 25, 1997             
          (Fischell)                                                                  

                                                                                     
               Claims 1 through 15 stand rejected under 35 U.S.C. § 112,              
          second paragraph as being indefinite for failing to particularly            
          point out and distinctly claim that which appellant regards as              
          the invention.                                                              


          Claims 1 through 15 also stand rejected under 35 U.S.C.                     
          § 112, first paragraph, as containing subject matter which was              
          not described in the specification in such a way as to reasonably           
          convey to one skilled in the relevant art that the inventor, at             
          the time the application was filed, had possession of the claimed           













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