Ex Parte Rodriguez - Page 3




              Appeal No. 2004-1331                                                                  Page 3                
              Application No. 09/812,664                                                                                  


                     Claim 67 stands rejected under 35 U.S.C. § 103 as being unpatentable over                            
              Handbook, Stratford and Barry.                                                                              


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the answer                         
              (Paper No. 26, mailed March 19, 2004) for the examiner's complete reasoning in                              
              support of the rejections, and to the brief (Paper No. 24, filed November 18, 2003) and                     
              reply brief (Paper No. 28, filed March 29, 2004) for the appellant's arguments                              
              thereagainst.                                                                                               


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellant's specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellant and the examiner.  As a consequence                       
              of our review, we make the determinations which follow.                                                     


              The indefiniteness rejection                                                                                
                     We will not sustain the rejection of claims 57 to 72 under 35 U.S.C. § 112,                          
              second paragraph.                                                                                           









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