Ex Parte Sawamura - Page 2




              Appeal No. 2003-1268                                                                 Page 2                
              Application No. 09/706,566                                                                                 


                                                    BACKGROUND                                                           
                     The appellant's invention relates to an automatic screw catching device                             
              applicable to the bit of a power driven screwdriver for driving screws into a work piece.                  
              A copy of the claims under appeal is set forth in the appendix to the appellant's brief.                   


                     Claims 9 to 24 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 enable one skilled in the art to which it pertains, or with which it is most nearly                     
              connected, to make and/or use the invention.                                                               


                     Claims 9 to 24 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 the appellant regards as the invention.                                                              


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              the appellant regarding the above-noted rejections, we make reference to the answer                        
              (Paper No. 16, mailed January 9, 2003) for the examiner's complete reasoning in                            
              support of the rejections, and to the brief (Paper No. 15, filed October 31, 2002) and                     
              reply brief (Paper No. 17, filed March 7, 2003) for the appellant's arguments                              
              thereagainst.                                                                                              








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