Ex parte BLY - Page 3




          Appeal No. 1998-1847                                       Page 3           
          Application No. 08/540,095                                                  


                                     BACKGROUND                                       
               The appellant's invention pertains to the art of patient               
          care products and more particularly to a transfer bench                     
          (specification, p. 1).  A copy of the claims under appeal is                
          set forth in the appendix to the appellant's brief.                         


               Claims 1, 5 to 10, 12 to 15 and 17 stand rejected under                
          35 U.S.C. § 112, first paragraph, as containing subject matter              
          which was not described in the specification in such a way as               
          to enable one skilled in the art to make and/or use the                     
          invention.                                                                  


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the final rejection (Paper No.              
          6, mailed June 3, 1997) and the answer (Paper No. 12, mailed                
          January 7, 1998) for the examiner's complete reasoning in                   
          support of the rejection, and to the brief (Paper No. 11,                   
          filed December 8, 1997) for the appellant's arguments                       
          thereagainst.                                                               









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