Appeal No. 1999-1505 Page 10
Application No. 08/638,454
1117; In re Winkhaus, 527 F.2d 637, 640, 188 USPQ 129, 131
(CCPA 1975); In re DiLeone, 436 F.2d 1404, 1405, 168 USPQ 592,
593 (CCPA 1971); In re Wohnsiedler, 315 F.2d 934, 937, 137
USPQ 336, 339 (CCPA 1963).
For the reasons set forth above, the disclosure in the
application does not provide written description support for
the above-noted limitations of the claims under appeal. 2
REMAND
This application is remanded to the examiner for
consideration of prior art and further search of the claimed
subject matter as set forth below.
Since the claimed subject matter is directed to hands-
free dispensing, the examiner should consider whether the
claims are patentable under 35 U.S.C. § 103 over Chakravorty,
2Likewise, it would appear that the proposed drawing
corrections to Figures 1 and 4 (filed June 6, 1997) and the
amendment to Page 6, line 5, (presented in Paper No. 4, filed
June 6, 1997) contain new matter. The examiner should take
appropriate steps to ensure that any new matter is removed
from the specification and the drawings.
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