Appeal No. 97-2600
Application 08/500,091
The examiner has relied upon the following refer-
ences
to support a rejection under 35 U.S.C. § 112, first paragraph:
Alvord 207,932 Sept. 10,
1878
Auburn 4,191,191 Mar. 4,
1980
Claims 16-25, 27, 29-37, 39 and 41-44 stand rejected
under 35 U.S.C. § 112, first paragraph, as being based upon an
original disclosure which fails to provide descriptive support
for the subject matter now being claimed.
The examiner’s rejection is explained on pages 4 and
5 of the Office action mailed December 19, 1995 (Paper No.
8). The arguments of the appellants and examiner in support2
of their respective positions may be found on pages 7-21 of
the brief, pages 1-4 of the reply brief, pages 4-11 of the
answer and pages 2-4 of the supplemental answer. As evi-
2Page 4 of the answer states that the “rejection is set
forth in the prior Office actions paper numbers 8 and 12.”
Such a procedure by the examiner is totally improper and
inappropriate. The Manual of Patent Examining Procedure
(MPEP) § 1208 (6th ed., Rev. 2, Jul. 1996) expressly provides
that incorporation by reference may be made only to a single
other action.
3
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