Appeal No. 2002-1093 Page 4
Application No. 09/288,691
Prior Art References
In rejecting claims 16 through 18, the examiner does not rely on any prior art
references.
The Issue
The appealed claims do not stand rejected on prior art grounds; nor do they
stand rejected for failing to comply with the written description, enablement, or best
mode requirements of 35 U.S.C. § 112, first paragraph.
The question presented is whether the examiner erred in rejecting claims 16
through 18 under 35 U.S.C. § 112, second paragraph, for not particularly pointing out
and distinctly claiming the subject matter which applicants regard as their invention.
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including all of the claims on appeal; (2)
applicants' Appeal Brief (Paper No. 17) and the Reply Brief (Paper No. 19); (3) the Final
Rejection mailed November 30, 2000 (Paper No. 10); and (4) the Examiner's Answer
(Paper No. 18).
On consideration of the record, including the above-listed materials, we reverse
the examiner's rejection under 35 U.S.C. § 112, second paragraph.
Discussion
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