Appeal No. 2002-0033 Page 3
Application No. 09/372,020
set forth on 3 of the brief (Paper No. 9, filed January 2, 2001). The rejection of claims
18 to 34 under 35 U.S.C. § 251 based on recapture as set forth on page 3 of the final
rejection is not under appeal since this rejection has been withdrawn by the examiner
as set forth on page 4 of the answer3 mailed May 3, 2002 (Paper No. 15).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the rejection under 35 U.S.C. § 112 under appeal, we make
reference to the above-noted final rejection and answer for the examiner's complete
reasoning in support of that rejection, and to the brief, reply brief (Paper No. 11, filed
March 29, 2001) and supplemental reply brief (Paper No. 16, filed June 28, 2002) for
the appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, and to the respective positions articulated by
the appellants and the examiner. As a consequence of our review, we will not sustain
the rejection of claims 18 to 34 under 35 U.S.C. § 112, first paragraph, for the reasons
which follow.
3 This answer appears to have replaced the answer mailed February 13, 2001 (Paper No. 10).
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