Appeal No. 2003-1272 Page 3
Application No. 10/039,338
under 35 U.S.C. § 103 as being unpatentable over Jordan in view of Studer (France
493,748) or Hyatt (U.S. Patent No. 39,575). In that decision, that panel also made the
following new grounds of rejection: (1) claims 123 through 127, 132, and 133 under
35 U.S.C. § 112, first paragraph, as being based upon an underlying disclosure which
lacks descriptive support for the invention now claimed; (2) claims 123 through 127,
132, and 133 under 35 U.S.C. § 112, second paragraph, as being indefinite; and
(3) claim 138 under 35 U.S.C. § 102(b) as being unpatentable over Jordan.
Subsequent to the March 23, 2001 Board decision, the applicants canceled
claims 119, 123 to 133 and 138 without prejudice to applicants' right to continue
prosecution of these claims in a continuing application. In addition, the applicants
amended claims 113 and 134. Claims 113 to 118 and 134 to 137 were then allowed by
the examiner and the patent issued on March 12, 2002.
The rejections set forth in the final rejection are as follows:
(1) Claims 18 to 25 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 reasonably convey to
one skilled in the relevant art that the appellants, at the time the application was filed,
had possession of the claimed invention;
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