Ex Parte AUGSBURG et al - Page 3




          Appeal No. 2002-1672                                                        
          Application No. 09/412,124                                                  

               Claims 1-8 and 12-22 stand rejected under 35 U.S.C. § 112,             
          second paragraph, as being indefinite for failure to particularly           
          point out and distinctly claim the invention.  Claims 1, 2, 4, 5,           
          12, 17, 19, 20, and 22 stand rejected under 35 U.S.C. § 102(e) as           
          being anticipated by each one of Circello and Argade.  In a                 
          rejection under 35 U.S.C. § 103(a), claims 1-4, 5, 7, 12-14, 17,            
          19, 20, and 22 stand rejected.  As evidence of obviousness, the             
          Examiner offers Nakano in view of Baird with respect to claims 1,           
          2, 4, 5, 12, 17, 19, 20, and 22, adds Mehring to the basic                  
          combination with respect to claims 3 and 13, and adds Argade to             
          the basic combination with respect to claims 7 and 14.  In                  
          further, separate, rejections under 35 U.S.C. § 103(a), claims              
          1-7, 12-14, 17-20, and 22 stand rejected as being unpatentable              
          over Bridges in view of Nakano, and as being unpatentable over              
          Argade in view of Nakano.                                                   
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs1 and Answer for the               
          respective details.                                                         
                                      OPINION                                         


               1 The Appeal Brief was filed October 16, 2001 (Paper no. 12).  In      
          response to the Examiner’s Answer dated December 10, 2001 (Paper No. 13), a 
          Reply Brief was filed February 12, 2002 (Paper No. 14), which was acknowledged
          and entered by the Examiner as indicated in the communication dated February
          21, 2002 (Paper No. 15).                                                    
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