Ex Parte POINTEAU et al - Page 2




              Appeal No. 2004-0214                                                                  Page 2                
              Application No. 09/446,516                                                                                  


                                                    BACKGROUND                                                            
                     The appellants' invention relates to a device and a method for automatic issuing                     
              of commercial advantage coupons, when clients go to the check-out(s) of a store, in                         
              order to record and pay for articles purchased (specification, p. 1).  A copy of the claims                 
              under appeal is set forth in the appendix to the appellants' brief.                                         


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              De Lapa et al. (De Lapa)                   5,353,218                    Oct. 4, 1994                        
              Deaton et al. (Deaton)                     5,638,457                    June 10, 1997                       


                     Claims 1 to 20 and 34 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 appellants regard as the invention.                                                        


                     Claims 1 to 20 and 34 stand rejected under 35 U.S.C. § 112, first paragraph, as                      
              the specification, as originally filed, does not provide support for the invention as is now                
              claimed.                                                                                                    












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