Ex parte KYDONIEUS et al. - Page 3




                 Appeal No. 1998-2392                                                                                                                   
                 Application No. 08/338,917                                                                                                             


                                   Claims 1 through 30 stand rejected under 35 U.S.C.                                                                   
                 § 112, first paragraph, as being based upon a specification                                                                            
                 which fails to adequately teach how to make and/or use the                                                                             
                 invention.                                                                                                                             




                                   The full text of the examiner’s rejection and re-                                                                    
                 sponse to the argument presented by appellants appears in the                                                                          
                 answer (Paper No. 20),  while the complete statement of appel-2                                                                                              
                 lants’ argument can be found in the brief filed December 15,                                                                           
                 1997  (Paper No. 19).                                                                                                                  


                                                                     OPINION                                                                            
                                   In reaching our conclusion on the issue raised in                                                                    
                 this appeal, this panel of the board has carefully considered                                                                          
                 appel- lants’ specification and claims, and the respective                                                                             




                          2On page 3 of the answer, the examiner lists respective                                                                       
                 documents to ROLANDO and KRUEGER. However, the rejection does                                                                          
                 not refer to these documents. It appears, therefore, that                                                                              
                 their inclusion in the answer was inadvertent, and we shall,                                                                           
                 accordingly, not make further mention thereof.                                                                                         
                                                                           3                                                                            





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