Appeal No. 97-1493
Application 08/429,806
The appealed claims stand rejected as follows:
a) claims 12 through 19 under 35 U.S.C. § 112, first
paragraph, as being based on a specification which as originally
filed does not provide support for the invention now claimed;
b) claims 12 through 19 under 35 U.S.C. § 112, second
paragraph, as failing to particularly point out and distinctly
claim the subject matter the appellant regards as the invention;
c) claim 12 under 35 U.S.C. § 102(b) as being anticipated by
Blackburn;
d) claims 13 through 19 under 35 U.S.C. § 103 as being
unpatentable over Blackburn; and
e) claims 12 through 19 under 35 U.S.C. § 103 as being
unpatentable over Halliar in view of Blackburn.
Reference is made to the appellant’s brief (Paper No. 10)
and to the examiner’s final rejection and answer (Paper Nos. 6
and 11) for the respective positions of the appellant and the
examiner with regard to the merits of these rejections.
The examiner’s explanation (see pages 2 and 3 in the final
rejection) indicates that the standing 35 U.S.C. § 112, first
paragraph, rejection is predicated on an alleged failure of the
appellant’s specification to comply with the written description
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