Appeal No. 1997-4259
Application No. 08/259,474
through 11, 13 through 17 and 27 through 31 under 35 U.S.C. §
103 as being unpatentable over Destouet in view of appellants’
own specification (page 6, lines 4-20).
To summarize our decision, we note that the examiner's
rejections of claims 9 and 30 under 35 U.S.C. § 112, first
paragraph, and of claims 9 and 30 under 35 U.S.C. § 112,
second paragraph, have not been sustained. The examiner’s
rejection of claims 1 and 12 under 35 U.S.C. § 102(b)/§ 103
has been sustained with regard to claim 12, but not as to
claim 1. The examiner's rejection of appealed claims 2
through 11, 13 through 17 and 27 through 31 under 35 U.S.C. §
103 as being unpatentable over Destouet in view of appellants’
own specification (page 6, lines 4-20) has also not been
sustained.
In addition to our determinations above, we find it
necessary to REMAND this application to the examiner for a
consideration of whether or not a rejection of the claims on
appeal would be appropriate under either or both 35 U.S.C. §
112, first paragraph, as being nonenabling, and/or 35 U.S.C. §
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