Appeal No. 95-3119 Page 5
Application No. 08/089,810
(Paper No. 18, filed January 27, 1995) for the appellant's
arguments thereagainst.3
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the
examiner. As a consequence of our review, we make the
determinations which follow.
The written description issue
We will not sustain the examiner's rejection of claim 27
under 35 U.S.C. § 112, first paragraph, as the specification, as
originally filed, does not provide support for the invention as
is now claimed.
3The new ground of rejection set forth in the examiner's
answer was withdrawn by the examiner (Paper No. 20) due to the
appellant filing a terminal disclaimer (Paper No. 19). We note
that the terminal disclaimer has not been properly recorded on
the face of the filewrapper. The examiner should ensure correct
recording of the terminal disclaimer.
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