Ex parte NELSON - Page 2




          Appeal No. 96-3613                                                          
          Application 08/335,496                                                      


          limitations of the base claim and any intervening claims.  Claims           
          8, 9, and 37 through 44, the only other claims remaining in the             
          application, stand allowed.  In light of the above, we have                 
          claims 27, 29, and 31 through 36 before us for review.                      
               Appellant’s disclosed invention pertains to a foam dispenser           
          for dispensing a foaming liquid substance.  An understanding of             
          the invention can be derived from a reading of exemplary claim              
          27, a copy of which appears in the appendix to appellant’s brief.           
               The following rejection is the sole rejection on appeal.               
               Claims 27, 29, and 31 through 36 stand rejected under                  
          35 U.S.C. § 112, first paragraph, as being based upon a                     
          specification which, as originally filed, does not support the              
          claimed invention.                                                          
               The full text of the examiner's rejection and response to              
          the argument presented by appellant appears in the answer filed             
          May 30, 1996 (Paper No. 11), while the complete statement of                
          appellant’s argument can be found in the brief (Paper No. 10).              
               As to the rejection of claims 27, 29, and 31 through 36,               
          appellant indicates (brief, page 7) that they stand or fall                 
          together.  Thus, we select claim 27 for review and shall focus              
          our attention exclusively thereon below; 37 CFR § 1.192(c)(7).              



                                          2                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007