Ex Parte BRUGGER et al - Page 3



          Appeal No. 2000-2003                                                        
          Application 08/477,878                                                      

          precisely what the scope of the claims is.  Cf. In re Cohn, 438             
          F.2d 989, 993, 169 USPQ 95, 98 (CCPA 1971) (claims indefinite in            
          view of inconsistency between claims and the supporting                     
          disclosure).  It is necessary that appellants address this                  
          apparent discrepancy and that it be resolved prior to our                   
          rendering a decision on this appeal.                                        
               In reviewing the claims, we note that the handpiece recited            
          in claim 3, having “the light guide extending through the                   
          handpiece to the head mirror,” is not shown in the drawings as              
          required by 37 CFR § 1.83(a).  Also, the term “headpiece” in                
          claim 3, line 11, has no antecedent basis in the specification.             
          37 CFR § 1.75(d)(1).                                                        
          Time for Response                                                           
               Appellants are required to file a response addressing                  
          matters (1) and (2) above within two months from the date of this           
          paper.  As provided in 37 CFR § 1.196(d), this time period is               
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
                                                                                     
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