Ex Parte OGILVIE - Page 3




         Appeal No. 2001-2627                                                       
         Application No. 09/472,658                                                 


                                     REFERENCES                                     
              The references relied on by the Examiner are as follows:              
         Fernandez-Holmann        5,787,404                Jul. 28, 1998            
         Simpson                  6,070,153                May  30, 2000            
                                                 (filed Nov. 21, 1997)              

                                REJECTIONS AT ISSUE                                 
              Claims 34 through 46 and 50 through 55 stand rejected under           
         35 U.S.C. § 101 as being directed to non-statutory subject                 
         matter.                                                                    
              Claims 43 and 44 stand rejected under 35 U.S.C. § 112,                
         second paragraph, as being indefinite for failing to particularly          
         point out and distinctly claim the subject matter which Applicant          
         regards as the invention.                                                  
              Claims 1 through 22, 25 through 28, 31 through 46 and 50              
         through 55 stand rejected under 35 U.S.C. § 103 as being                   
         unpatentable over Fernandez-Holmann.                                       
              Claims 23 and 56 through 65 stand rejected under 35 U.S.C.            
         § 103 as being unpatentable over Fernandez-Holmann and Simpson.            














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