Appeal No. 96-0706
Application 08/185,756
filed is that the aluminum welding material does not
substantially deform the body of the balance weight.
For the reasons set forth above, it is my opinion that
these items are characteristics which are inherent in
the structure which is expressly described in the
specification of the application as originally filed.
I believe that any person having ordinary skill in this
art would understand that this structure is present in
the specification of the application as originally
filed, even without any express comments to that
effect.
The examiner has maintained the position taken in the
earlier application and remains of the view that claims 23
through 40 are based upon a disclosure which fails to provide
descriptive support for the invention now being claimed, as
required by 35 U.S.C. § 112, first paragraph, notwithstanding the
declarations. The examiner’s evaluation of these declarations is
contained at pages 3 through 8 of the final Office action mailed
August 31, 1994. The examiner has otherwise responded to this
evidence primarily by referring to statements in our earlier
decision (answer, pp. 3-4). In sum, the examiner appears to be
of the view that (1) the declarations primarily set forth
opinions, entitled to little weight, (2) to the degree that facts
are set forth in the declarations, those facts should have been
part of the specification of the application as filed, and (3)
the facts set forth are insufficient to establish the matters for
which they are advanced.
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