Ex parte VAZQUEZ et al. - Page 15




               Appeal No. 1998-2010                                                                                                 
               Application No. 08/542,861                                                                                           


                       Although not before us on appeal, claim 38 has been indicated by the examiner to                             
               be allowable.  Answer, page 2.   While the Advisory Action dated November 21, 1996                                   
               indicated that claim 31 (now claim 38) contained allowable subject matter, we find that the                          
               record does not reflect “reasons for allowance” of the subject matter of claim 38.   Upon                            
               return of the application to the examiner, the examiner is requested to reevaluate the                               
               allowability of claim 38 in view of the significant issues of lack of enablement on the record                       
               before us.   If the examiner maintains allowability of claim 38 upon reevaluation of the                             
               record, the examiner should provide reasons for allowance therefor.                                                  
























                                                                15                                                                  





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007