Appeal No. 1998-2707
Application No. 08/586,081
The examiner relies on the following reference:
Krahe et al. (Krahe) 5,608,542 Mar. 4, 1997
(filed Mar. 31, 1995)
Claims 1-16 stand rejected under 35 U.S.C. § 112, first paragraph, for lack of
enablement.
Claims 1, 5, 9, and 13 stand rejected under 35 U.S.C. § 102 as being anticipated
by Krahe.
Claims 2-4, 6, 8, 10-12, 14, and 16 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Krahe in view of "well known prior art."
We refer to the Final Rejection (mailed Oct. 28, 1997) and the Examiner's Answer
1
(mailed June 8, 1998) for a statement of the examiner's position and to the Brief (filed
June 10, 1998; certificate of mailing June 5, 1998) for appellants’ position with respect to
the claims which stand rejected.
OPINION
Before turning to the instant rejection of claims 1-16 under 35 U.S.C. § 112, first
paragraph, we briefly review the requirements of the statute with respect to providing an
enabling disclosure.
1Appellants filed an earlier brief on April 24, 1998. The brief to which we refer in this decision is
that filed June 10, 1998, submitted as an “amended” brief, which removes reference to an amendment filed
subsequent to the Final Rejection that was refused entry by the examiner.
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