Appeal No. 1998-2817
Application No. 08/455,366
The rejection of claim 1 under U.S.C.§ 103 will therefore
be sustained, as will the rejection of claims 3 through 7, 9
through 13, 15 through 19, 21 through 26 and 28 through 36,
grouped therewith.
NEW GROUNDS OF REJECTION
In accordance with our authority under 37 CFR § 1.196(b),
this panel of the board introduces the following new grounds
of rejection.
Claims 1, 3 through 7, 9 through 13, 15 through 19, 21
through 26 and 28 through 36 are 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 which it pertains, or with which it
is most nearly connected, to make and/or use the invention.
The scope of enablement must bear a “reasonable
correlation” to the scope of the claims (see, e.g., In re
Fisher, 427 F.2d 833, 839, 166 USPQ 18, 24 (CCPA 1970)) and
“the specification must teach those skilled in the art how to
make and use the full scope of the claimed invention without
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