Appeal No. 97-3198
Application No. 08/502,408
the examiner's rejections. See In re Steele, 309 F.2d 859,
862, 134 USPQ 292, 295 (CCPA 1962). We hasten to point out,
however, that this action should not be construed as an
indication that the claimed subject matter would have been
patentable over the prior art cited against the claims. We
have not addressed that issue, for to do so would require on
our part the very speculation which formed the basis of our
rejection under the second paragraph of Section 112.
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