Ex Parte RICH et al - Page 3




              Appeal No. 2000-1082                                                                         3               
              Application No. 08/727,303                                                                                   

                                          THE REFERENCES OF RECORD                                                         
              As evidence of obviousness, the examiner relies upon the following references:                               
              Dobson et al. (Dobson ‘344)                516,344               Dec. 2, 1992                                
              (European Patent Application                                                                                 
              Dobson et al. (Dobson ‘938)         WO 96/02938                  Feb.  1, 1996                               
              (PCT Patent Application)                                                                                     
                                                                                                                          
                                                  THE REJECTIONS1                                                          

              Claims 1 through 15  stand rejected under 35 U.S.C. § 112, first paragraph as                                
              containing subject matter which was not described in the specification in such a way as to                   
              enable one skill in the art to which it pertains, or with which it is most nearly connected to               
              make and/or use the invention.                                                                               
              Claims 1, and 9 through 15 stand rejected under 35 U.S.C. § 102(a) as                                        
              anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as being unpatentable over                   
              Dobson.                                                                                                      
                                                                                                                          
                                                    OPINION                                                                

              We have carefully considered all of the arguments advanced by the appellants and                             
              the examiner and agree with the appellants that the rejection of claims 1 through 15 under                   
              35 U.S.C. § 112, first paragraph is not well founded.  Accordingly, we reverse this                          


                     1The rejection of claims 2, 4, 5, 7 and 8 under §§ 102(a)/103(a) have been withdrawn.  The            
              rejection of claims 1 through 15 under § 103(a) over Dobson in view of either Lee, Fujii or Mueller is       
              likewise withdrawn.                                                                                          





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