Ex parte HARWARD - Page 4




          Appeal No. 1997-2660                                       Page 4           
          Application No. 08/224,407                                                  


          refer the reader to the briefs and answer for the respective                
          details thereof.                                                            


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejections advanced by                
          the examiner.  Furthermore, we duly considered the arguments                
          and evidence of the appellant and examiner.  After considering              
          the totality of the record, we find that claims 1-11 as                     
          presently claimed, lack an written description under 35 U.S.C.              
          § 112, ¶ 1, and are indefinite under 35 U.S.C. § 112, ¶ 2.  We              
          also find that the rejection of claims 1-11 under 35 U.S.C.                 
          § 103 is inappropriate.  We are persuaded, moreover, that the               
          examiner erred in rejecting claims 12-20.  Accordingly, we                  
          reverse and enter new grounds of rejection under 37 C.F.R. §                

















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