Appeal No. 1997-0668
Application No. 08/232,854
Niimi et al. (Niimi) 5,286,187 Feb. 15,
1994
Japanese Patent (Aoki) 52-7018 Feb. 26,
1977
All of the claims on appeal stand rejected under the
first paragraph of 35 U.S.C. § 112 as being based upon a
disclosure which is nonenabling and which does not set forth
the best mode for practicing the here claimed invention.
The appealed claims also stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Japanese ‘018 or Niimi taken
with Nichols.
We refer to the Brief and Reply Brief and to the Answer
for a complete exposition of the opposing viewpoints expressed
by the appellant and the examiner concerning the above noted
rejections.
OPINION
For the reasons which follow, we cannot sustain the
rejections before us on this appeal.
As support for her § 112, first paragraph, rejection of
the appealed claims, the examiner states that “[t]he
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