Ex Parte LEMELSON et al - Page 4



          Appeal No. 2000-1511                                                        
          Application 08/671,853                                                      

          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the evidence            
          of obviousness relied upon by the examiner as support for the               
          obviousness rejections.  We have, likewise, reviewed and taken              
          into consideration, in reaching our decision, the appellants’               
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejections and arguments in rebuttal            
          set forth in the examiner’s answers.                                        
          It is our view, after consideration of the record before                    
          us, that the claimed invention is properly supported by the                 
          specification of this application as filed within the meaning of            
          35 U.S.C. § 112.  We are also of the view that the evidence                 
          relied upon and the level of skill in the particular art would              
          not have suggested to one of ordinary skill in the art the                  
          obviousness of the invention as set forth in claims 100-113, 115-           
          122, 125-128, 134 and 139-161.  We reach the opposite conclusion            
          with respect to claims 129-132, 135 and 136.  Accordingly, we               
          affirm-in-part.                                                             
          We consider first the rejection of all claims under the                     
          first paragraph of 35 U.S.C. § 112.  The rejection states that              
          the specification fails to provide an enabling disclosure.                  
                                          4                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007