Appeal No. 1997-3481 Application 08/476,543 applications. The appendix has apparently been treated as an appendix that is not part of the printed patent under § 1.96(b). We find no disclosure of auto-discrimination in the specification itself. We agree with the Examiner's comments (at EA3) that the portion of the disclosure at page 16, lines 13-21, mentioned in the Brief (Br3), has nothing to do with auto-discrimination. While Appellants are entitled to rely on the disclosure in the appendix, the description portion of the specification should be amended to describe the auto-discrimination functionality described in the appendix so that persons reading the patent will have a self-contained document that enables the claimed subject matter. See 37 CFR § 1.96 ("Descriptions of the operation and general content of computer program listings should appear in the description portion of the specification."). The Examiner states that "page 38 of the computer printout does not have sufficient clarity to positively determine exactly what is happening" (EA3) and "[p]age 38 of the computer printout sensibly relates to nothing disclosed" (EA3). The Examiner is apparently responding to statements made in the response to the first Office action. - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007