Appeal No. 2003-1725
Application No. 09/357,645 Page 24
configuration of figure 1 to the occluding configuration of
figure 2.
Consequently, we reverse the examiner’s § 103(a) rejection
of claim 32.
CONCLUSION
The decision of the examiner to reject claims 1-9, 12-28 and
32 under 35 U.S.C. § 112, second paragraph as being indefinite
for failing to particularly point out and distinctly claim the
subject matter which applicant regards as invention is reversed.
The decision of the examiner to reject claims 5, 12-21, 28 and 32
under 35 U.S.C. § 103(a) as being unpatentable over Payne is
reversed. The decision of the examiner to reject claims 1-4, 6,
7 and 22-27 under 35 U.S.C. § 103(a) as being unpatentable over
Payne is affirmed.
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