Ex parte PLEASANT - Page 12




          Appeal No. 2000-1000                                                        
          Application No. 08/392,062                                                  


               The argument presented by appellant (brief, pages 5                    
          through 9) is simply not convincing of error on the part of                 
          the examiner in rejecting claims 20 and 26, in particular,                  
          under 35 U.S.C.    § 112, first paragraph.                                  


               Appellant argues (revised brief, page 7), in rebuttal of               
          the examiner’s conclusion that the claimed subject matter                   
          lacks descriptive support, that                                             


                    [o]ne can, in applicant’s original                                
                    application, locate one bore, and a second                        
                    bore, one undercut and a second undercut,                         
                    and one locking member and a second locking                       
                    member.                                                           


          On this basis, appellant asserts there is no reason to further              
          address the issue of written description (revised brief, page               
          7).                                                                         


               While appellant may be able to refer in the argument to                
          one bore and a second bore, etc., as above, this is not                     
          dispositive of the description issue on appeal.  As is evident              
          to us from a reading of each of claims 20 and 26, these                     
                                         12                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007