Appeal No. 95-1484
Application 08/070,650
the full scope of “reticulated cellulose product”
characterized in substantially the same manner in appealed
Claims 57, 64-66, and 68 as in the patented claims, we reverse
the examiner’s rejections of Claims 57, 64-66, and 68 on
appeal under 35 U.S.C. § 112, first paragraph.
However, as indicated above, we remand the case with
respect to Claims 49-56, 58-63, and 67 for the examiner to
determine, in the first instance, what the scope and content
of the subject matter claimed is. This is not to say that the
examiner’s rejection of Claims 49-56, 58-63, and 67 under 35
U.S.C. § 112, first paragraph, is without merit. The subject
matter of
Claims 49-56, 58-63, and 67 appears to be far broader in scope
than the scope of the claims allowed in U.S. 5,144,021 to Ben-
Bassat. We cannot review the examiner’s holding that the
subject matter of those claims is broader in scope than the
enabling disclosure until the examiner first determines the
scope of the subject matter claimed.
After determining the scope of the subject matter
claimed, the examiner should then consider the following
instruction
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