Appeal No. 2000-0286 Page 7
Application No. 08/704,031
in the art that the inventors had possession of the now
claimed invention.
In our view, the appellants' original disclosure does
provide, with reasonable clarity, written description support
for the claimed subject matter found objectable by the
examiner as set forth above. In that regard, the claims under
appeal clearly recite first elastic material, second elastic
material and third elastic material which one skilled in the
art would reasonably know refer respectively back to the first
elastically stretchable members 13, the elastically
stretchable members 15 and the second elastically stretchable
members 14. Accordingly, the decision of the examiner to
reject claims 8 to 12 under 35 U.S.C. § 112, first paragraph,
is reversed.
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection against appellants' claims 8
to 12:
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