Appeal No. 1999-0445
Application No. 08/351,583
BACKGROUND
The appellant's invention relates to a noncontact type tonometer. An understanding of
the invention can be derived from a reading of exemplary claim 1, which appears in the
appendix to the appellant's brief.3
The following rejection is before us for review.
Claims 1-6 and 8-12 stand rejected under 35 U.S.C. § 112, first paragraph, on the basis
that the specification fails to (1) provide an adequate written description of the invention and (2)
teach how to make and/or use the invention.4
Reference is made to the brief and reply brief (Paper Nos. 24 and 27) and the answer5
(Paper No. 25) for the respective positions of the appellant and the examiner with regard to the
merits of this rejection.
OPINION
3The reproductions of claims 2 and 4 contained in the appellant's appendix contain minor typographical
errors. In particular, claim 2 of record depends from "claim 1" (not "claim I"). The text "t," in line 3 of claim 4 as
reproduced in the appendix is not found in the claim of record.
4While the examiner does not explicitly re-state the ground of rejection in the answer (Paper No. 25), it is
apparent from the examiner's statement of the issues on page 2 of the answer that the claims stand rejected under the
first paragraph of 35 U.S.C. § 112 for the reasons set forth in the objection to the specification on pages 3-6 of the
answer.
5All references in this decision to "the brief" allude to the corrected brief filed May 28, 1998.
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