Ex parte GURGANUS et al. - Page 6




          Appeal No. 95-1100                                                          
          Application 07/928,071                                                      



          low gel content vinyl chloride resin also has an inherent                   
          viscosity and porosity as claimed.  There is simply no factual              
          support in the record that relates gel content to either the                
          parameter of inherent viscosity or porosity.  Accordingly, the              
          examiner’s rejection of the appealed claims is  reversed.                   
                    As a final matter, we observe that appellant’s brief              
          at page 3 states that there are two issues for review on                    
          appeal, and the first issue is whether or not the originally-               
          filed application provides adequate support for the invention               
          as now claimed.  In the Answer at page 1, the examiner                      
          acknowledged that appellants’ statement of the issues in the                
          Brief is correct.  However, the Examiner’s Answer does not                  
          contain a statement of rejection of the appealed claims under               
          35 U.S.C.  112, first paragraph.  Accordingly, this                        
          application is remanded to the examiner to clarify whether or               
          not the rejection of the appealed claims under 35 U.S.C.                   
          112, first paragraph, has been withdrawn.  If the examiner is               
          no longer adhering to this rejection, the examiner should                   
          point out where in the originally-filed application, adequate               
          written description is present to support the concept of                    

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