Appeal No. 1998-0982 Page 5
Application No. 08/399,715
that the examiner has not cited any authority for extending the
Boesch principle concerning changes in a variable to a
situation in which an apparatus has been structurally modified
to achieve a certain result.
The examiner’s decision rejecting appealed claims 1
through 20 is therefore reversed.
This application is herewith remanded to the examiner to
review the claimed subject matter for compliance (a) with the
description requirement in the first paragraph of 35 U.S.C. §
112 and (b) with the second paragraph of 35 U.S.C. § 112.
With regard to the first paragraph of § 112, certain
limitations in claim 1 appear to lack descriptive support in
the original specification, the original claims or the original
drawings. In particular, appellant’s application as filed
lacks descriptive support for the recitation in claim 1 that
the axial stops (in the plural) are “frictionally engageable
with the driving wheel.” Of the two axial stops described in
the original specification and shown in the original drawings,
namely the control shaft flange 11 and the stop ring 12, only
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