Ex parte NILSSEN - Page 4




                     Appeal No. 1997-2289                                                                                                                                              
                     Application 08/395,691                                                                                                                                            


                     Appellant and the Examiner, we make reference to the briefs2                                                                                                      
                     and the answer for their respective positions.                                                                                                                    
                                                                                                                                                                                      




                     OPINION                                                                                                                                                           
                               We have considered the rejections advanced by the                                                                                                      
                     Examiner. We have, likewise, reviewed Appellant’s arguments                                                                                                       
                     against the rejections as set forth in the principal brief.                                                                                                       
                                It is our view, after consideration of the record before                                                                                               
                     us, that the rejections under 35 U.S.C.  112, under 35 U.S.C.                                                                                                    
                      102 and under 35 U.S.C.  103 are not proper.  Accordingly,                                                                                                     
                     we reverse.                                                                                                                                                       
                                We now consider the various rejections.                                                                                                                
                                Rejection under 35 U.S.C.  112, first paragraph                                                                                                       
                                The Examiner rejects claim 2 by stating that “[n]o                                                                                                     
                     support exists for the range of values defined in ... claim 2"                                                                                                    
                     [Answer, page 4].  It appears that the Examiner is relying on                                                                                                     


                                2 A supplemental brief was filed to merely supply the                                                                                                  
                     formal information for compliance with the rules [paper no.                                                                                                       
                     14].                                                                                                                                                              
                                                                                          4                                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007