Appeal No. 2004-0061 Application 09/745,762 Claims 23 through 35 stand rejected under 35 U.S.C. § 112, second paragraph as being indefinite for failing to particularly point out and distinctly claim that which appellant regards as the invention. In the examiner’s view, the claims on appeal are indefinite because it is unclear in independent claims 23 and 29 how the second interior compartment can be retained within the first large interior compartment “while the second compartment be sharing a portion of the interior surface of the large compartment and divided by a dividing wall” (answer, page 4). Claims 23 through 35 also stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Shreim. Rather than reiterate the examiner's full commentary regarding the above-noted rejections and the conflicting viewpoints advanced by the examiner and appellant regarding the rejections, we make reference to the examiner's answer (Paper No. 8, mailed January 13, 2003) for the examiner's reasoning in support of the rejections, and to appellant’s brief (Paper No. 7, filed October 24, 2002) and reply brief (Paper No. 9, filed March 12, 2003) for the arguments thereagainst. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007