Ex parte PALETT et al. - Page 4




          Appeal No. 97-2876                                                          
          Application 08/335,008                                                      


          § 112.  As expressed in the supplemental examiner’s answer,                 
          this rejection is limited to claims 44 to 48 and 52 to 55.                  
               All claims on appeal, claims 43 to 48 and 50 to 57 stand               
          rejected under 35 U.S.C. § 103.  As evidence of obviousness,                
          the examiner presents the collective teachings of Meyerle in                
          view of Schofield as to claims 43, 50 to 52 and 54, as the                  
          basic combination of references.  To this basic combination                 
          the examiner adds Takagi as to claims 44 to 48, adds Kudo as                
          to claim 53, adds Spear as to claim 55, adds Wu as to claim 56              
          and Marui as to claim 57.                                                   
               Rather than repeat the positions of the appellants and                 
          the examiner, reference is made to the various briefs and                   
          answers for the respective details thereof.                                 
                                       OPINION                                        
               Turning first to the rejection of the claims under 35                  
          U.S.C.                                                                      
          § 112, to the extent the rejection is based upon the                        
          enablement provision of this statutory provision, we reverse                
          the rejection.  Appellants’ reply brief correctly reflects                  
          that enablement is determined from the artisan’s perspective                
          and cites various cases, which we see no need to repeat here,               
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007