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
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