Ex parte YOKOMIZO et al. - Page 12




          Appeal No. 1996-3167                                      Page 12           
          Application No. 07/974,834                                                  


          made by the examiner of the claims on appeal (answer, pp. 3-                
          11) and (2) the appellants' argument against this rejection                 
          (brief, pp. 14-21, and reply brief, pp. 1-6).  From this                    
          review, we are convinced that the claims under appeal meet the              
          written description of the first paragraph of 35 U.S.C. § 112,              
          since the original disclosure establishes that the inventors                
          had possession, as of the filing date of the application                    
          relied on, of the specific subject matter set forth in the                  
          claims under appeal for the reasons set forth by the                        
          appellants.                                                                 


               For the reasons set forth above, the decision of the                   
          examiner to reject claims 4, 6, 7, 13, 14, 26, 28 to 31, 34,                
          35 and 41 to 52 under 35 U.S.C. § 112, first paragraph, is                  
          reversed.                                                                   


          The obviousness rejections                                                  
               We will not sustain any of the rejections of claims 4, 6,              
          7, 13, 14, 26, 28 to 31, 34, 35 and 41 to 52 under 35 U.S.C. §              
          103.                                                                        









Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007