Ex Parte Hirshberg - Page 4




          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.                                   


                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007