Ex parte BENENOWSKI et al. - Page 3




          Appeal No.  1997-1506                                       Page 3           
          Application No. 08/442,413                                                   


                                      BACKGROUND                                       
               The appellants' invention relates to a flexible switch                  
          and a method for elastic bending of a steel support.  An                     
          understanding of the invention can be derived from a reading                 
          of exemplary claims 12 and 14, which appear in the appendix to               
          the appellants' brief.2                                                      
               The prior art reference of record relied upon by the                    
          examiner in rejecting the appealed claims is:                                
          Rosenbaum et al. (Rosenbaum)             2,997,004           Aug.            
          22, 1961                                                                     
               The following rejections are before us for review.                      
               1.   Claims 5 through 15 stand rejected under 35 U.S.C.                 
          § 112, first paragraph, as being based on a disclosure which                 
          fails to adequately teach how to make and/or use the                         
          invention.                                                                   
               2.   Claims 11 and 15 stand rejected under 35 U.S.C. §                  
          112, first paragraph, as, according to the examiner, the                     
          specification, as originally filed, does not provide support                 
          for the invention as is now claimed.                                         

               2Errors in reproducing the claims in the appendix are noted by the      
          examiner on pages 3 and 4 of the answer.                                     







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