Appeal No. 1999-1703
Application No. 08/313,194
Claim 13 stands 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 nearly connected to make
and/or use the invention.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the noted rejection, we make reference to the examiner's Answer for
the examiner's reasoning in support of the rejection, and to the appellants’ Brief for the
appellants’ arguments thereagainst. As a consequence of our review, we make the
determinations which follow.
35 U.S.C. § 103(a)
Claims 1-5 and 13 stand rejected under 35 U.S.C. § 103(a) as obvious over
applicants' admissions (specification pages 1-3) in view of Bagley.
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