Appeal No. 2002-1361 Page 6
Application No. 09/476,822
CONCLUSION
The rejection of claims 8-13 under 35 U.S.C. § 112, first paragraph, as
being based on a disclosure that is not enabling, is reversed. The rejection of
claims 8-13 under 35 U.S.C. § 112, second paragraph, as being indefinite for
failing to particularly point out and distinctly claim the subject matter that
applicant regards as the invention, is also reversed. The application is being
returned to the examiner for further proceedings not inconsistent with this
opinion.
REVERSED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
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