Appeal No. 95-4462
Application 08/190,950
by claim 1. Accordingly, appellants’ specification does not
provide descriptive support for the claim limitation in
question.
With respect to our new rejections, we have considered
the remarks found in appellants’ communication submitted April
17, 1998 (Paper No. 18), but do not find them to be persuasive
that the specification provides adequate support for the claim
language in question.
Summary
The standing rejections of the appealed claim under
35 U.S.C. § 103 are reversed on procedural grounds. We take
no position as to the pertinence of the prior art as applied
by the examiner in his rejections.
Pursuant to our authority under 37 CFR § 1.196(b), new
rejections of the appealed claims under 35 U.S.C. § 112, first
and second paragraphs, have been made.
The decision of the examiner is reversed.
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203
Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
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