Appeal No. 97-3065 Page 11
Application No. 08/452,747
initial burden of presenting a prima facie case of
obviousness. Thus, we cannot sustain the examiner's4
rejection of claims 68, 70, 71, 73 to 76, 79, 83 and 96 to 98
under 35 U.S.C. § 103.5
New grounds of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new grounds of rejection.
35 U.S.C. § 112, first paragraph
Claim 98 is rejected 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.
The test for determining compliance with the written
description requirement is whether the disclosure of the
application as originally filed reasonably conveys to the
artisan that the inventor had possession at that time of the
4Note In re Rijckaert, supra; In re Lintner, supra; and
In re Fine, supra.
5 In re Fine, supra; In re Warner, supra.
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