Ex parte WEISSENBERGER et al. - Page 2




          Appeal No. 97-1224                                                          
          Application 08/445,866                                                      



          the claims remaining of record in the application.  Subsequently,           
          claims 5 and 11 were canceled, leaving claims 2, 4, 7-9, 12 and             
          13 before us on appeal.                                                     
               The appellants’ invention is directed to an apparatus for              
          cutting cardboard blanks to produce picture mounts having framing           
          cut outs with beveled interior apertures.  The subject matter               
          before us on appeal is illustrated by reference to claim 13,                
          which has been reproduced in an appendix to the Amended Brief on            
          Appeal.                                                                     


                                    THE REJECTION                                     
               Claims 2, 4, 7-9, 12 and 13 stand rejected under 35 U.S.C.             
          § 112, first paragraph, as being based upon a specification which           
          “does not provide support for the invention as now claimed”                 
          (Answer, page 2).2                                                          
               The rejection is explained in the Examiner's Answer and                
          Supplemental Answer.                                                        
               The opposing viewpoints of the appellants are set forth in             
          the Brief and the Reply Brief.                                              


               Rejections of claim 11 under 35 U.S.C. § 112, second paragraph, and 352                                                                     
          U.S.C. § 102(e) became moot when claim 11 was canceled after the final      
          rejection.                                                                  
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