Appeal No. 1996-4124
Application No. 08/307,088
On page 6 of the Examiner’s answer (answer), the Examiner
asserts that the preamble of claim 28 is denied the effect of
a limitation to the claim as "the portion of the claim
following the preamble is a self contained description of the
structure not depending for completeness upon the introductory
clause." On pages 6 and 7 of the answer, the Examiner cites
Kropa v. Robie, 187 F.2d 150, 88 USPQ 478 (CCPA 1951) as
support for this assertion.
Appellant argues on page 9 of the appeal brief (brief)
that the preamble of claim 28 constitutes a limitation of the
claim. On page 10 of the brief, the Appellant asserts that
the preamble is necessary to give meaning to the remainder of
the claim.
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