Appeal No. 97-2477
Application 08/212,908
Claim 11: a set of symbolic icons drawn from a fixed
number of icons containing within an icon library having fewer
than fifteen icons.
In the same final Office action on page 3, the examiner
states that he “cannot find the support in the specification
for the newly added feature.” No further explanation was
included in the Office action.
Focusing on what the examiner stated he cannot find, the
appellant in his brief on page 10 pointed to particular
portions of the specification as filed which in the
appellant’s view describes the added claim features which the
examiner indicated he could not find in the specification.
The presentation is specific, readily understood, and facially
plausible. It is then up to the examiner to explain why the
cited portions do not constitute an adequate written
description for the claim features at issue. However, in the
examiner’s answer on page 4, the examiner simply reiterated
his earlier statement that “[the examiner cannot find the
support in the specification for the newly added feature.” No
further explanation was provided. The examiner has failed
even to address the description pointed out by the appellant.
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Last modified: November 3, 2007