Appeal No. 1998-2914
Application 08/510,971
n.17 (CCPA 1977); In re Miller, 441 F.2d 689, 693, 169 USPQ
597, 600 (CCPA 1971); In re Gardner, 427 F.2d 786, 788, 166
USPQ 138, 140
(CCPA 1970) and Ex parte Scherberich, 201 USPQ 397, 398 (Bd.
App. 1977).
Since we are of the opinion that one of ordinary skill in
this art would be reasonably apprised of the scope of claims
1-10, we will not sustain the rejection of these claims under
35 U.S.C. § 112, second paragraph.3
The decision of the examiner to reject claims 1-10 under
35 U.S.C. § 112, first and second paragraphs, is reversed.
REVERSED
IRWIN CHARLES COHEN )
3Although we are of the opinion that one of ordinary
skill in the art would be reasonably apprised of the scope of
claims 1-10, we note that in lines 23 and 25 of claim 1 (as it
appears in the appendix to the brief) "section" reference
marks has no clear antecedent basis. In the event of further
prosecution before the examiner, this informality should be
corrected.
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