Ex parte KIPKE et al. - Page 4




          Appeal No. 1998-1827                                       Page 4           
          Application No. 08/644,932                                                  


          convey to one skilled in the relevant art that the inventors,               
          at the time the application was filed, had possession of the                
          claimed invention.  Claims 2, 4-7 and 18-23 stand rejected                  
          under                                                                       
          35 U.S.C. § 112, first paragraph on the ground that the                     
          specification is non-enabling.  Claims 2, 4-7 and 18-23 stand               
          rejected under 35 U.S.C. § 112, second paragraph as being                   
          indefinite for failing to particularly point out and                        
          distinctly claim the subject matter which applicant regards as              
          the invention.                                                              
               We refer to the brief and to the answer for the opposing               
          viewpoints expressed by appellants and the examiner concerning              
          the above-noted rejections.                                                 
                                       OPINION                                        
               For the reasons which follow, we will not sustain any of               
          the examiner’s rejections.                                                  
                  Rejection Under 35 U.S.C. § 112, second paragraph                   
               The examiner has expressed a number of concerns regarding              
          the claim language.  See answer, page 5 for the statement of                
          the examiner’s rejection.  However, the examiner has not                    
          carried the burden of explaining why the language of any of                 







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