Ex parte FAIN - Page 12




          Appeal No. 1999-2556                                                        
          Application 08/774,848                                                      


          rejection of claim 18, which depends from claim 1, as being                 
          unpatentable over Manning in view of Watson and Clark, or the               
          standing 35 U.S.C.   § 103(a) rejection of claim 19, which                  
          depends from claim 1, and of claim 43, which depends                        
          ultimately from claim 25, as being unpatentable over Watson in              
          view of Manning and Weldon.                                                 





                                    NEW REJECTION                                     
               The following rejection is entered pursuant to                         
          37 CFR § 1.196(b).                                                          
               Claims 3, 7 and 8 are rejected under 35 U.S.C. § 112,                  
          first paragraph, as being based on a specification which fails              
          to comply with the written description requirement of this                  
          section of the statute.                                                     
               The test for determining compliance with the written                   
          description requirement is whether the disclosure of the                    
          application as originally filed reasonably conveys to the                   
          artisan that the inventor had possession at that time of the                
          later claimed subject matter, rather than the presence or                   

                                          12                                          




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007