Appeal No. 1996-3469
Application No. 08/268,708
Decision
In rendering our decision, we have considered the
following:
The entire specification and record in 08/268,708;
Final Rejection (paper no. 9, mailed July, 26 1995);
Brief (paper no. 15, filed March 25, 1996); and,
Examiner's Answer (paper no. 16, mailed May 8, 1996).
Claims 1, 2, 4-6, 8-12, and 14-20 are rejected under
35 U.S.C. ' 112, first paragraph, as the specification
does not contain a written description of the claimed
invention.
The term "non-carbonated" was newly added to claims
1 and 9 by an amendment (paper no. 7, filed May 19, 1995)
filed after the first Office action (paper no. 5, mailed
December 30, 1994). Because the examiner could not find
"verbatim basis" (Examiner's Answer, p. 3) for this term
in the original disclosure, a rejection under 35 U.S.C. '
112, first paragraph, was applied.1 We reverse the rejection for two
reasons.
3
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