Appeal No. 2002-0767
Application No. 09/382,381
The sole reference of record relied upon by the examiner in
rejecting the appealed claims is:
Denninger 5,952,961 Sep. 14, 1999
(filed Jan. 30, 1998)
Claims 1 through 8, 10 through 13, 19 and 20 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 skilled in the art to which it pertains, or with
which it is most nearly connected, to make and/or use the
invention.1
Claims 1 through 8 and 10 through 20 stand rejected under
35 U.S.C. § 102(e) as being anticipated by Denninger.
Rather than reiterate the examiner's full commentary with
regard to the above-noted rejections and the conflicting
viewpoints advanced by the examiner and appellants regarding
those rejections, we make reference to the examiner's answer
(Paper No. 12, mailed November 21, 2001) for the examiner's
1 As pointed out by the examiner on page 13 of the answer,
the rejection of claims 14 through 17 under 35 U.S.C. § 112,
first paragraph, in the final rejection has now been withdrawn.
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