Appeal No. 1999-2406
Application No. 08/825,256
Claims 1 through 4, 10, 11, 20, and 21 on appeal stand
rejected under the first paragraph of 35 U.S.C. § 112 "as
containing subject matter which was not described in the
specification in such a way as to reasonably convey to one
skilled in the relevant art that the inventor(s), at the time
the application was filed, had possession of the claimed
invention." (Examiner’s answer, pages 3-4.) Further, claims 1
through 5, 9 through 13, and 16 through 22 stand rejected under
the first paragraph of 35 U.S.C. § 112 "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, to make and/or use
the invention." (Id. at pages 4-5.)1
We reverse these rejections for the reasons well stated in
the appeal brief (pages 10-13) and reply brief (pages 2-7).
Nevertheless, we add the following comments primarily for
emphasis.
The examiner's basic position regarding the rejection of
appealed claims 1 through 4, 10, 11, 20, and 21 based on lack of
written description under 35 U.S.C. § 112, first paragraph, is
1 The examiner has withdrawn "the final rejection of the
claims under 35 USC 103(a)." (Examiner's answer, p. 11.)
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