Appeal No. 1997-3340 Page 3
Application No. 08/323,500
The following rejections are before us for review.
1. Claims 1, 3-9, 14-17, 20, 21, 23-28, 32 and 34-37 stand rejected under 35 U.S.C.4
§ 112, first paragraph, as, according to the examiner, the specification, as originally filed, does
not provide support for the invention as is now claimed.5
2. Claims 1, 3-9, 14-17, 20, 21, 23-28, 32 and 34-37 stand rejected under 35 U.S.C.6
§ 112, second paragraph, as being indefinite for failing to particularly point out and distinctly
claim the subject matter which the appellant regards as the invention.
3. Claims 1, 3, 4, 6, 7, 14-17, 20-28, 32, 34-38 and 40 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Ogino.
4. Claims 1, 3, 4, 6, 7, 10, 11, 14-17, 20-28, 32, 34-38 and 40 stand rejected under 35
U.S.C. § 103 as being unpatentable over Ogino.
Reference is made to the main and reply briefs (Papers No. 29 and 31) and the answer
(Paper No. 30) for the respective positions of the appellant and the examiner with regard to the
merits of these rejections.
4The examiner's inclusion of claims 38 and 40 in the statement of this rejection appears to have been an
inadvertent error as these claims do not contain the limitations that the examiner urges are not supported by
appellant's specification and as independent claim 22, from which they depend, has not been included in this
rejection.
5While the adequacy of the originally filed disclosure, including the drawings, in providing support for the
claimed subject matter as required by the first paragraph of 35 U.S.C. § 112 is an appealable matter, the examiner
is correct that the issue of whether the drawings comply with 37 CFR § 1.83 is a petitionable matter and not an
appealable matter. See Manual of Patent Examining Procedure (MPEP) §§ 1002 and 1201.
6The examiner's inclusion of claims 38 and 40 in this rejection appears to have been an inadvertent error
as these claims do not contain the limitations which the examiner considers to be misdescriptive or imprecise.
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