Ex Parte Plow et al - Page 2




               Appeal No. 2006-0014                                                                           Παγε 2                  
               Application No. 09/922,182                                                                                             



                                                         BACKGROUND                                                                   
                       1. Claims 1 to 4, 6 to 11 and 13 to 19 are pending and were finally rejected in the                            
               Office action mailed December 23, 2004.                                                                                
                       2. A Notice of Appeal and an Appeal Brief  were filed on February 11, 2005.  The                               
               status of claims section of the Appeal Brief includes a statement of the status of all the                             
               claims in the proceeding (e.g., rejected, allowed or confirmed, withdrawn, objected to,                                
               canceled) but does not include an identification of those claims that are being appealed                               
               as required by 37 CFR § 41.37(c)(1)(iii).  The summary of the claimed subject matter                                   
               section of the Appeal Brief includes a concise explanation of the subject matter defined                               
               in each of the independent claims involved in the appeal but does not include for                                      
               independent claim 14 an identification of every means plus function limitation and the                                 
               structure, material, or acts described in the specification as corresponding to each                                   
               claimed function must be set forth with reference to the specification by page and line                                
               number, and to the drawing, if any, by reference characters as required by 37 CFR                                      
               § 41.37(c)(1)(v).  In addition, the argument section of the Appeal Brief does not treat                                
               each ground of rejection under a separate heading  as required by 37 CFR                                               
               § 41.37(c)(1)(vii).  The argument section of the Appeal Brief sets forth why the Kim                                   
               publication (US 2002/0052925 A1) is not prior art to the claims under appeal.                                          










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