Appeal No. 96-2192
Application 08/306,856
Amendment to claims 2 through 4. Since the file record does
reveal the entry of that Amendment even though it has not been
specified by the examiner in this latest communication, we
must reverse the rejection because it is clearly apparent that
the basis of the rejection is no longer present in pending
claims 2 through 4 on appeal.
Turning next to the rejection of claims 2 through 4, 30
and 31 under the first paragraph of 35 U.S.C. § 112, we
reverse this rejection as well. Independent claims 30 and 31
contain identical subject matter, with claim 31 including an
additional limitation relating to a display device, which
latter feature is not the subject of any issue raised by the
examiner in the rejection of the claims under the first
paragraph of 35 U.S.C.
§ 112. As such and because appellant indicates at the top of
page 2 of the principal Brief on appeal that the issues as to
this rejection are the same for both independent claims, we
take as a representative claim independent claim 30.
The examiner’s position makes reference to the written
description portion of 35 U.S.C. § 112, first paragraph, at
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007