Appeal 2007-1463 Page 26
Application 10/083,492
DECISION
The rejection of claims 35-37 38, 40, and 41 under 35 U.S.C. §112, first
paragraph, as failing to comply with the written description requirement is
affirmed but the rejection of claims 38, 40, and 41 under 35 U.S.C. §112, first
paragraph, as failing to comply with the written description requirement is
reversed;
the rejection Claims 6, 38, and 41 under 35 U.S.C. §112, second paragraph,
as being indefinite for failing to particularly point out and distinctly claim the
subject matter which applicant regards as the invention is reversed; and,
the rejection of claims 1-4, 6, 7, 9, 10, 13, 16-18, 23-25, 28-30, 35-38, 40,
and 41 under 35 U.S.C. §103(a) as being unpatentable over Keller in view of Vitali
is affirmed.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2004).
AFFIRMED
vsh
GREENBLUM & BERNSTEIN, P.L.C.
1950 ROLAND CLARKE PLACE
RESTON VA 20191
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