Ex parte KLICEK - Page 24




          Appeal No. 98-0194                                        Page 24           
          Application No. 08/132,940                                                  


          feedback quantity."   Additionally, since the feedback signal               
          28 is generated only when                                                   
          the energy calculations equal the setting of the user control,              
          the claimed difference between the energy calculations and the              
          setting of the user control being narrowed appears to be                    
          misdescriptive.                                                             


               The "added phrase" lacks the required written desciption,              
          as the specification, as originally filed, does not provide                 
          support for the invention as is now claimed.                                


                                      CONCLUSION                                      
               To summarize, the decision of the examiner to reject claim             
          8 under 35 U.S.C. § 112, second paragraph, is reversed; the                 
          decision of the examiner to reject claims 1 through 8, 13 and               
          18 under 35 U.S.C. § 103 is affirmed; and the decision of the               
          examiner to reject claims 9 through 12 and 14 through 17 under              
          35 U.S.C. § 103 is reversed.                                                


               In addition to affirming the examiner's rejection of one               
          or more claims, this decision contains a new ground of                      







Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next 

Last modified: November 3, 2007