Ex parte VALLE et al - Page 4




             Appeal No.  1999-1417                                                                                    
             Application 08/268,730                                                                                   

             examiner erred in rejecting claims 76 through 80 under 35 U.S.C. § 112, first paragraph,                 
             as based on a non-enabling disclosure.                                                                   


                                                    Deliberations                                                     
                    Our deliberations in this matter have included evaluation and review of the following             
             materials:                                                                                               
                    (1)  the instant specification, including Figures 1 through 7, and all of the claims on           
             appeal;                                                                                                  
                    (2)  applicants’ Appeal Brief received October 15, 1996, the Reply Brief received                 
             April 27, 1997, the “Letter Supplemental to Reply Brief Submitting Exhibit A” dated May 6,               
             1997, the first Supplemental Reply Brief received August 11, 1997, and the second                        
             Supplemental Reply Brief received September 15, 1997;                                                    
                    (3)  the Examiner’s Answer mailed February 25, 1997 (Paper No. 31); and                           
                    (4)  the above-cited prior art references.                                                        
                    On consideration of the record, including the above-listed materials, we revese the               
             examiner’s rejection of claim 74 under 35 U.S.C. § 103.  We affirm the rejection of claims               
             76 through 80 under 35 U.S.C. § 112, first paragraph.                                                    




                                                  35 U.S.C. § 103                                                     

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