Appeal No. 94-3823
Application 07/812,249
Highleyman 2,978,675 Apr. 4, 1961
Clark 4,009,466 Feb. 22, 1977
Martin et al. (Martin) 4,876,735 Oct. 24, 1989
The Rejections on Appeal
Claims 1-15 stand finally rejected under 35 U.S.C. § 112,
first paragraph, as corresponding to a specification that lacks
an enabling disclosure. In addition, claims 1-15 stand finally
rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite. Claims 1, 2, 6, 7, 11 and 12 stand finally rejected
under 35 U.S.C. § 103 as being unpatentable over Martin in view
of Clark. Claims 3-5, 8-10 and 13-15 stand finally rejected
under 35 U.S.C. § 103 as being unpatentable over Martin in view
of Clark and Highleyman.
For each of the above rejections, appellants have grouped
the claims together for argument purposes in this appeal. Brief
at 4.
An amendment was filed on September 3, 1993, and the
examiner refused to enter it because it raised new issues
(Paper No. 7). Nevertheless, the amendment was inadvertently
entered and this Board remanded the case to the Examining Group
to remove the amendment from the claims in the file. Such
correction occurred and this case was sent back to the Board.
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