Ex parte SCHWARTZ et al. - Page 4




          Appeal No. 1998-0632                                                        
          Application 08/301,812                                                      


                                       OPINION                                        
               Our consideration of the brief and reply brief along with              
          the answer leads us to conclude that there appears not to have              
          been a meeting of the minds as to the nature of the issues                  
          involved on appeal.  To the extent appellants may have been                 
          prejudiced by this, the entry of the reply brief appears to                 
          have cured such a possibility.  To simplify our consideration               
          here, however, having considered the views expressed in the                 
          answer, which make reference to the first office action and,                
          by implication, the final rejection, we construe the issues as              
          involving both enablement and written description rejections                
          under the first paragraph of 35 U.S.C. § 112 as applied to the              
          claimed action station (claims 45 through 53), the prediction               
          feature (claims 45 through 50) and the correlation feature                  
          (claims 51 through 53).  This rather complicated situation                  
          presents the most comprehensive view to us of the issues on                 
          appeal.  In any event, we reverse the rejection of each of                  
          them as explained herein.                                                   
               At the outset we note that the examiner's reasoning for                
          lack of "support" for the claimed invention herein implicitly               


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