Ex parte MATTES et al. - Page 3




                 Appeal No. 1998-2445                                                                                                                   
                 Application No. 08/604,228                                                                                                             


                 body; an inertia body accommodated in said housing; a detector                                                                         
                 arranged in said housing for detecting a horizontal                                                                                    
                 displacement of said inertia body, said housing having a base                                                                          
                 plate on which said detector is arranged so that determination                                                                         
                 of a vertical displacement of said inertia body is also                                                                                
                 performed, said inertia body having a shape and a mass                                                                                 
                 selected so that for at least one of a lateral tilting and a                                                                           
                 vertical lifting of said inertia body the following values are                                                                         
                 predetermined:                                                                                                                         
                          -an inclination angle of the moveable body is                                                                                 
                          at least equal 55o                                                                                                            
                 -an omni-directional acceleration in a horizontal plane                                                                                
                 is at least equal 1.4 g,                                                                                                               
                 -a vertical acceleration is at least equal 0.4 g                                                                                       
                          wherein g is acceleration due to gravity.                                                                                     
                          The examiner did not rely on any references in rejecting                                                                      
                 the claims on appeal.                                                                                                                  
                          Claims 5, 6, 12, 15 through 19 and 21 through 23 stand                                                                        
                 rejected under the first paragraph of 35 U.S.C.  112 for lack                                                                         
                 of enablement .         3                                                                                                              

                          3The rejection is only directed to lack of enablement in                                                                      
                 the final rejection.  Thereafter, the examiner mixes lack of                                                                           
                 enablement (Answer, pages 4 and 5) with lack of written                                                                                
                 description (Answer, page 5).  The examiner is reminded that a                                                                         
                 lack of enablement rejection under the first paragraph of 35                                                                           
                 U.S.C.  112 is separate and distinct from a lack of written                                                                           
                 description rejection under the same statutory provision.  In                                                                          
                 re Wilder, 736 F.2d 1516, 1520, 222 USPQ 369, 372 (Fed. Cir.                                                                           
                 1984).  For this reason, any gratuitous comments concerning                                                                            
                 lack of written description will be ignored for purposes of                                                                            
                 this appeal.                                                                                                                           
                                                                           3                                                                            





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