Ex parte ELTGEN - Page 6




          Appeal No. 98-0978                                                          
          Application 08/505,650                                                      



                                       OPINION                                        
                    We have carefully reviewed the rejections on appeal               
          in light of the arguments of the appellant and the examiner.                
          As a result of this review, we have determined that the                     
          applied prior art does not establish a prima facie case of                  
          obviousness with respect to the subject matter on appeal, and               
          the claims are not indefinite under 35 U.S.C. § 112, second                 
          paragraph.  Our reasons follow.                                             
                    Turning first to the rejection under 35 U.S.C. §                  
          112, second paragraph, the examiner points to the language of               
          claim 1 and states that it cannot be determined how the                     
          material of the web enables the formation of a new transfer                 
          element.  We have carefully considered the language pointed to              
          by the examiner but have reached the conclusion that one of                 
          ordinary skill could determine the metes and bounds of claim 1              
          notwithstanding the language noted by the examiner.  Use of                 
          the term "enables" merely designates that this process uses a               
          structure capable of                                                        





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