Appeal No. 2002-2090
Application 08/430,311
Rather than reiterate the conflicting viewpoints advanced by
appellant and the examiner regarding the above-noted rejections,
we refer to the examiner's answer (Paper No. 55, mailed April 23,
2002) and appellant’s brief (Paper No. 54, filed January 21,
2002) and reply brief (Paper No. 56, filed June 24, 2002) for a
full exposition thereof.
OPINION
Having carefully reviewed the indefiniteness, anticipation
and obviousness issues raised in this appeal in light of the
record before us, we have made the determinations which follow.
Looking first to the examiner’s rejection of claims 65 and
66 under 35 U.S.C. § 112, second paragraph, as being indefinite,
we observe that these claims do in fact each depend from canceled
claim 64. Therefore, we agree with the examiner’s assessment of
the indefiniteness of these claims and, accordingly, sustain this
rejection. On page 21 of the brief, appellant has conceded this
rejection and merely noted that it can readily be overcome since
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007