Appeal No. 1998-1489
Application No. 08/449,224
GROUNDS OF REJECTION
Claims 1 through 9 and 22 stand rejected under 35 U.S.C. § 112, first and
second paragraphs, as based on a non-enabling disclosure “and/or” failing to
particularly point out and distinctly claim the subject matter which appellants regard as
their invention (Final Rejection, Page 3)1
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the
following materials:
(1) the instant specification, including all of the claims on appeal;
(2) applicants’ main Brief and Reply Brief;
(3) the Examiner’s Answer and Supplemental Answer;
(4) the above-cited prior art references; and
(5) the decision and accompanying opinion in related Appeal No. 1997-2204
mailed February 28, 2001.
On consideration of the record, including the above-listed materials, we reverse
the examiner’s rejections under 35 U.S.C. § 112.
DISCUSSION
I. Issues in common with Appeal No. 1997-2204
With the single exception noted infra, this appeal presents issues in common with
those before the board in Appeal No. 1997-2204 (Application No. 08/440,989). In a
1 In the Answer, Page 4, line 2, the examiner withdrew a previously entered rejection under
35 U.S.C. § 103
3
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