Appeal No. 2003-0786 Application 09/059,712 Dmitroff 2,685,812 Aug. 10, 1954 Grimm et al. (Grimm) 3,354,757 Nov. 28, 1967 Claims 24 through 35, 37, 42 through 44, 46, 48, 50, 52 and 54 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 invention. Claims 25, 26, 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 applicant regards as the invention. Claims 24 through 29, 34, 35, 37, 42 through 44, 46, 52 and 54 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Grimm in view of Dmitroff. Rather than reiterate the examiner's full commentary with regard to the above-noted rejections and the conflicting viewpoints advanced by appellant and the examiner regarding those rejections, we make reference to the examiner's answer (Paper No. 52, mailed September 19, 2002) for the reasoning in support of the rejections, and to appellant’s brief (Paper No. 51, filed 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007