Ex parte OYAMADA - Page 2




          Appeal No. 2001-1266                                       Page 2           
          Application No. 08/966,788                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a casing structure                
          of  communication equipment used for a wireless communications              
          base station (specification, p. 1).  A copy of the claims                   
          under appeal is set forth in the appendix to the appellant's                
          brief.                                                                      


               Claims 6 to 25 stand rejected under 35 U.S.C. § 101                    
          because the claimed invention is not supported by either a                  
          scientific asserted utility or a well established utility.                  


               Claims 6 to 25 stand 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.                                              


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejections, we make reference to the answer (Paper No. 23,                  
          mailed October 2, 2000) for the examiner's complete reasoning               







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