Appeal No. 1998-1105 Page 4
Application No. 08/300,599
or examiner in toto, we refer the reader to the briefs and
answer for the respective details thereof.1
OPINION
In deciding this appeal, we considered the subject matter
on appeal and the rejection advanced by the examiner.
Furthermore, we duly considered the arguments and evidence of
the appellant and examiner. After considering the totality of
the record, we are persuaded that the examiner erred in
rejecting claims 1-7 and 13-16. Accordingly, we reverse.
1As an aside, we observe the appellant's incorporation by
reference of details of a recognition circuit. Specifically,
"[t]his circuit, which is indispensable for devices working at
several transmission rates, is described in detail in the
European patent application No. 93 40123.1, which is hereby
incorporated by reference." (Spec. at 13.) "In any
application which is to issue as a U.S. patent, essential
material may not be incorporated by reference to (1) patents
or applications published by foreign countries or a regional
patent office ... or (4) a foreign application." M.P.E.P.
§ 608.01(p). So as not to offend this prohibition, the
appellant may amend the specification to include the material
incorporated by reference. Id.
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