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)
38
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