Ex parte GRAHAM - Page 12




          Appeal No. 1997-1705                                                        
          Application 08/211,352                                                      


          language appears to have adequate written descriptive support               
          in the portions of the specification cited above, and the                   
          examiner’s argued distinction between normal muscle growth and              
          normal range of movement (answer, pages 14-15) is not a                     
          convincing argument to the contrary.  We therefore reverse the              
          rejection under 35 U.S.C. § 112, first paragraph, of claims 6               
          and claims 13 and 14 which depend therefrom, and claim 17.                  
                                      DECISION                                        
               The rejection of claims 1-4, 6, 7 and 10-17 under 35                   
          U.S.C. § 103 over Jankovic in view of Snow or Das is affirmed.              
          The rejection under 35 U.S.C. § 112, first paragraph, is                    
          affirmed as to claims 1-4, 7, 10-12, 15 and 16, and reversed                
          as to claims 6, 13, 14 and 17.                                              














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