Ex Parte CUNNINGHAM - Page 3




          Appeal No. 2004-0312                                                        
          Application No. 09/277,534                                                  


               All of the claims on appeal stand rejected under the second            
          paragraph of 35 U.S.C. § 112 for failing to particularly point              
          out and distinctly claim the subject matter which the appellant             
          regards as his invention.                                                   
               Claims 1-3, 5, 14 and 15 stand rejected under 35 U.S.C.                
          § 102(b) as being anticipated by Perobelli.                                 
               Claims 1, 5 and 14 stand rejected under 35 U.S.C. § 102(b)             
          as being anticipated by Curtze.                                             
               Claim 14 stands rejected under 35 U.S.C. § 102(b) as being             
          anticipated by Lisec ‘555.                                                  
               Claims 1 and 5 stand rejected under 35 U.S.C. § 103(a) as              
          being unpatentable over Lisec ‘555 and Curtze.                              
               Claims 7-9 stand rejected under 35 U.S.C. § 103(a) as being            
          unpatentable Lisec ‘555 in view of Lisec ‘244.                              
               Finally, claims 7 and 8 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Curtze in view of  Lisec                
          '244.                                                                       
               On page 6 of the brief (i.e., the second supplemental appeal           
          brief filed January 23, 2003), the appellant indicates that the             
          appealed claims do not stand or fall together.  Accordingly, to             




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