Appeal No. 1997-1506 Page 13
Application No. 08/442,413
In view of the above, we find no reason to conclude that the
examiner's finding (answer, page 7) that the Rosenbaum switch
tongue has a radius of curvature of infinity at the fixed end
in the branch position is in error. Accordingly, we shall
affirm the examiner's rejection of claim 14 under 35 U.S.C. §
102(b).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 6 through 11 under 35 U.S.C. § 112, second paragraph,
is affirmed. The decision of the examiner to reject claims 5
through 15 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 is reversed. The examiner's
decision to reject claim 15 under 35 U.S.C. § 112, first
paragraph, as lacking support in the original disclosure is
reversed. However, the examiner's decision rejecting claim 11
under 35 U.S.C. § 112, first paragraph, as lacking support in
the original disclosure, and claim 14 under 35 U.S.C. § 102(b)
is affirmed.
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