Ex Parte BRUGGER et al - Page 2



          Appeal No. 2000-2003                                                        
          Application 08/477,878                                                      

          Requirement Under 37 CFR 1.196(d)                                           
               Pursuant to 37 CFR 1.196(d), this Board deems that it is               
          appropriate for a reasoned decision on this appeal that                     
          appellants address the following matters:                                   
          (1) In an Appendix A to the examiner’s answer, the examiner shows           
          how he considers that, in certain positions of the handpiece head           
          22 of Levy et al, the fiber (light guide) 52 would extend                   
          “increasingly eccentrically from the coupling toward the inner              
          side of the bend,” as recited in claims 1 and 3.  Since                     
          appellants have not filed a reply brief, their position on this             
          matter is not clear.  Appellants are required to address the                
          question of whether they agree with the examiner’s analysis as              
          set forth in Appendix A of the answer and the accompanying                  
          discussion, and if not, state the reasons for their disagreement.           
          (2) Claims 1 and 3 both recite that the end of the light guide              
          (claim 1) or the light guide (claim 3) is “rotatably mounted in             
          the receiving means.”  This recitation appears to be contrary to            
          the detailed description on page 8 of the specification, where it           
          is stated at lines 6 and 7 that the light guide is “fixedly                 
          connected” to the receiving means, and therefore it is not clear            


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