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112, first paragraph, has been withdrawn.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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