Appeal No. 2004-0676
Application No. 09/562,686
REJECTION
The appealed claims stand rejected as follows2:
1) Claim 31 under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and
distinctly claim the subject matter which applicants regard as
their invention;
2) Claims 27 through 37 under 35 U.S.C. § 112, first paragraph,
as failing to provide written description for the subject
matter presently claimed; and
3) Claims 27 through 31 under 35 U.S.C. § 103 as unpatentable
over the combined disclosures of Dombrowski and Tully.
OPINION
We have carefully reviewed the claims, specification and prior
art, including all of the evidence and arguments advanced by both
the examiner and the appellants in support of their respective
positions. This review has led us to conclude that the examiner’s
Sections 112 and 103 rejections are well founded. Accordingly, we
affirm the examiner’s decision rejecting the claims on appeal under
Sections 112 and 103. However, pursuant to the provision of 37 CFR
2 Except for the rejections set forth below, the examiner
has withdrawn those rejections set forth in the final Office
action mailed February 20, 2003. See the Answer, pages 3 and 4.
3
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