Ex parte KAMBOJ et al.; Ex parte FOLDES et al. - Page 38


                  Appeal No.  1997-3221                                                                                       
                  Application No.  08/249,241                                                                                 
                         We reverse the examiner’s rejection of claims 35, 37 and 38 under         35                         
                  U.S.C. § 103 as being unpatentable over Werner in view of Heinemann and                                     
                  Puckett.                                                                                                    
                         We make the following New Ground of Rejection under 37 CFR                §                          
                  1.196(b).  Claims 35-38 are rejected under 35 U.S.C. § 112, first paragraph, as                             
                  containing subject matter which was not described in the specification in such a way                        
                  as to reasonably convey to one skilled in the relevant art that the inventor(s), at the                     
                  time the application was filed, had possession of the claimed invention.                                    
                         No time period for taking any subsequent action in connection with this                              
                  appeal may be extended under 37 CFR § 1.136(a).                                                             


                                             REVERSED, 37 CFR § 1.196(b)                                                      























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