Appeal No. 2002-0652
Application No. 08/465,072
(i) For each rejection under 35 U.S.C. § 112,
first paragraph, the argument shall specify the errors
in the rejection and how the first paragraph of
35 U.S.C. § 112 is complied with, including, as
appropriate, how the specification and drawings, if
any, (A) Describe the subject matter defined by each of
the rejected claims.
Thus, the rule requires appellant to read the claims on the
disclosure. Since the only place that appellant reads any claims
on the disclosure is in the Summary of the Supplemental Appeal
Brief, the examiner correctly took the reading of claims 105,
177, 190, and 191 as specific arguments according to 37 C.F.R.
§ 1.192(c)(7) and (c)(8). We note that appellant does set forth
a number of arguments regarding the product claims, treating all
of the product claims as a single group. Accordingly, we shall
decide the appeal on the basis of claims 105, 177, 190, and 191,
as well as claim 178 (as representative of the product claims),
with the remaining claims standing or falling therewith.
We have carefully considered the claims and the respective
positions articulated by appellant and the examiner. As a
consequence of our review, we will affirm the written description
rejection of claims 98 through 102, 104 through 108, 115, 116,
120 through 125, 131 through 141, 143 through 147, 154, 155, 161
through 164, 170, 171, 175 through 195, 204 through 206, 211
through 219, 227 through 254, 263 through 265, 273 through 278,
286 through 288, 297 through 304, 307, 310, 311, 314, 317, 320,
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