Ex Parte GERLING - Page 2



          Appeal No. 2001-2204                                                        
          Application No. 09/155,413                                                  

          reading of exemplary claims 12, 19, and 23, respective copies of            
          which appear in "Appendix I" of the main brief (Paper No. 11).              

               The following rejection is the sole rejection before us for            
          review.1                                                                    

               Claims 12 through 232 stand rejected under 35 U.S.C. § 112,            
          first paragraph, as containing subject matter not described in              
          the specification in such a way to enable one skilled in the art            
          to make and/or use the invention.                                           

               The full text of the examiner's rejection and response to              
          the argument presented by appellant appears in the answer (Paper            
          No. 14), while the complete statement of appellant's argument can           
          be found in the main and reply briefs (Paper Nos. 11 and 15).               




               1 A final rejection of claims 12 through 23 under 35 U.S.C.            
          § 103(a) was expressly withdrawn by the examiner in the answer              
          (page 2).                                                                   
               2 In error, the answer (page 2) set forth only claims 12               
          through 22 as being rejected under 35 U.S.C. § 112, first                   
          paragraph, whereas the final rejection (Paper No. 7) specified              
          claims 12 through 23, as set forth above.                                   
                                          2                                           




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