Appeal No. 1997-1888 Page 3
Application No. 08/221,467
BACKGROUND
The appellants' invention relates to an endless belt
(specification, p. 1). A copy of the claims under appeal is
set forth in the appendix to the appellants' brief.
THE PRIOR ART
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Kiuchi 4,559,258 Dec. 17, 1985
Cronin et al. (Cronin) 4,908,103 Mar. 13, 1990
McCarten 0 336 876 Oct. 11, 1989
(published European application)2
THE REJECTIONS 3
Claims 51 and 52 stand rejected under 35 U.S.C. § 112,
first paragraph, for containing subject matter not described
in the specification.
2 The examiner's final rejection and answer refers to McCarten as "Beloit
Corporation" and the appellants' brief refers to it as "the European document
'876".
3 Since it has not been restated in the answer, the 35 U.S.C. § 112, first
paragraph, rejection of claims 2-12, 14, 16, 21, 23-25, 39, 40, and 42-50 set
forth in the final rejection (Paper No. 16) is assumed to have been withdrawn
by the examiner in light of the amendments made subsequent to final rejection
(see Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957)).
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