Appeal No. 1999-1651
Application No. 08/775,308
said first and second terminals respectively protruding from first and
second sides of said package.
The prior art of record relied upon by the examiner in rejecting the appealed
claims is as follows:
Sugishima et al. (Sugishima) 5,497,289 Mar. 5, 1989
Claims 41-45 stand rejected under 35 U.S.C. § 112, first paragraph, as
containing subject matter which was not described in the specification in such a way as
to enable one skilled in the art to which it pertains, or with which it is most connected, to
make and/or use the invention. The examiner references an objection to the
specification under 37 CFR 1.71 which maintains that the original specification does not
describe all of the subject matter contained in the claims.1 Claims 41-45 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Sugishima.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the
examiner's final rejection and answer and appellants’ briefs for the examiner’s and
appellants’ positions and arguments.
OPINION
1 While we cannot render an opinion on the objection to the specification based upon 37 CFR
1.71, we interpret this objection to also be an objection to the specification under 35 U.S.C. § 112, first
paragraph upon which the rejection of the claims is based.
3
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