Appeal No. 94-4260
Application 07/849,191
I.
As an initial matter, the appellant points out that the
examiner “found the disclosure enabling for a portion of the
subject matter claimed.” Request for Reconsideration, p. 1.
The appellant directs our attention to p. 2 of the office
action mailed June 8, 1992 in Paper No. 2.
We acknowledge the examiner’s statements in the
referenced paper, however, the claims which he indicated would
have been enabled by the specification, if the subject matter
was limited to application of BAG BALM , are not now beforeŽ
us. That is, the claims under consideration by the examiner
at that time are not the same as the claims now on appeal.
Thus, the facts on appeal differ from the facts on which the
examiner’s decision was based. We also note that the
appellant acknowledges that there is a difference in the
subject matter now claimed since she has only urged that the
examiner found the specification “enabling for a portion of
the subject matter claimed.”
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