Appeal No. 97-4252 Page 4
Application No. 08/226,520
appellant's brief (Paper No. 17, filed March 20, 1997) and
reply brief (Paper No. 21, filed August 28, 1997) for the
appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, and to the respective positions articulated by the
appellant and the examiner. As a consequence of our review,
we make the determinations which follow.
It is appropriate to review the rejection under the
second paragraph of 35 U.S.C. § 112 before we review the
rejection under the first paragraph of 35 U.S.C. § 112 because
the analysis of the claims under the first paragraph of 35
U.S.C.
§ 112 requires one to have determined exactly what subject
matter the claims encompass under the second paragraph of
35 U.S.C. § 112. See In re Moore, 439 F.2d 1232, 169 USPQ
236, 238 (CCPA 1971).
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