Ex Parte LANGE et al - Page 4




              Appeal No. 1998-0900                                                                                        
              Application No. 08/290,047                                                                                  

              additionally, provide appellants with the opportunity to amend the appealed claims                          
              under the provision of 37 CFR § 1.196(c).                                                                   
                                                      Discussion                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants' specification and claims, and to the respective positions articulated by                    
              the appellants and the examiner.  We make reference to the Examiner's Answer of                             
              June 11, 1996 (Paper No. 26) for the examiner's reasoning in support of the rejections                      
              and to the appellants' Appeal Brief filed March 4, 1996 (Paper No. 23) for the                              
              appellants’ arguments thereagainst.2                                                                        
                                                 Claim Interpretation                                                     
                     Claim 1 is directed to polymerisable enantiomers of optically active dipeptides                      
              defined by the following structure:                                                                         









              The                                                                                   specifi               
              cation indicates the optically active polymers and copolymers can be obtained by                            

                     2 The examiner has refused entry of the Reply Brief filed August 15, 1996 (Paper No. 29) and we      
              have not considered it in our review of the issues raised by this appeal.                                   
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