Ex Parte VALENTINE - Page 8




          Appeal No. 2002-0652                                                       
          Application No. 08/465,072                                                 


          elements) at the time the application was filed."  The examiner            
          concludes (Answer, page 16) that the "interconnections and                 
          interactions of the claimed components to perform the claimed              
          functions in combination is lacking from Appellant's                       
          specification."                                                            
               Appellant sets forth numerous general arguments not directed          
          to any particular claims or claim elements.  Basically, we are             
          not persuaded by such general arguments about what the examiner            
          should have done, about perceived inconsistencies in the                   
          rejection, and boilerplate statements of the law.  What is                 
          important is the merits of the particular written description and          
          enablement rejections.  Nonetheless, as the majority of all of             
          the Briefs is directed to such generalities, we begin by                   
          addressing some of the most prevalent general arguments.  Then we          
          will address appellant's reading on the disclosure of the four             
          claims reproduced supra.                                                   
          Appellant's General Arguments                                              
               Appellant argues (Brief, page 10) that the rejections under           
          35 U.S.C. § 112, first paragraph, are non-critical "technical"             
          rejections and are "clearly improper."  However, section 112 is a          
          statutory requirement of patentability which cannot be ignored.            
               Appellant contends (Brief, pages 11-14, and Reply Brief,              
          pages 78-80 and 108-109) that the § 112 rejections are based on            

                                          8                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007