Appeal No. 1997-4264
Application No. 08/421,131
claims 1 through 16 and 21 through 24 based on 35 U.S.C. §
112, first paragraph. In the brief (Paper No. 21), at page 3,
appellant identifies the first issue presented for our review
as "[w]hether the specification contains a written description
of the invention in such full, clear, concise, and exact terms
to enable a person skilled in the art to make and use the same
under 35 U.S.C.
§ 112, first paragraph?" Appellant's brief also contains an
argument (pages 4 and 5) that the examiner's objection to the
specification should be reversed. In the answer (pages 3 and
4), the examiner identifies the first issue in this appeal as
including both an objection to the specification, directing
our
attention to page 2 of the final rejection, and a rejection of
claims 1 through 24 under 35 U.S.C. § 112, first paragraph,
"for the reasons set forth in the objection to the
specification." The rejection of claims 1 through 24 under 35
U.S.C. § 112, first paragraph, was not identified as a new
ground of rejection in the answer. The appellant has not
raised any objection to the examiner's inclusion of the § 112,
4
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