Ex parte KIPKE et al. - Page 10




          Appeal No. 1998-1827                                      Page 10           
          Application No. 08/644,932                                                  


               The decision of the examiner to reject claims 2, 4-7 and               
          18-23 under 35 U.S.C. § 112, first paragraph as lacking                     
          descriptive support in the specification, as filed; to reject               
          claims 2, 4-7 and 18-23 under 35 U.S.C. § 112, first paragraph              
          on the ground that the specification is non-enabling; and to                
          reject claims 2, 4-7 and 18-23 under 35 U.S.C. § 112, second                
          paragraph as being indefinite for failing to particularly                   
          point out and distinctly claim the subject matter which                     
          applicant regards as the invention  is reversed.                            
                                      REVERSED                                        




                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         PETER F. KRATZ                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ROMULO H. DELMENDO            )                              
                         Administrative Patent Judge   )                              

          PFK/sld                                                                     







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