Appeal No. 2001-1101 Page 4
Application No. 08/932,834
Claims 1, 2, 4, 6, 7, 9, 10, 12, 13, 15, 16, 18 through 21, and 23 through 27
stand rejected under 35 U.S.C. § 112, second paragraph, as not particularly pointing
out and distinctly claiming the subject matter which applicants regard as their invention.
Claims 1, 2, 4, 6, 7, 9, 10, 12 through 16, 18 through 21, and 23 through 27
stand rejected under 35 U.S.C. § 112, first paragraph, as based on a specification
which does not adequately teach any person skilled in the art how to use the claimed
invention.
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including Figures 1 through 10 and all
of the claims on appeal; (2) the amended Appeal Brief (Paper No. 42); (3) the
Examiner's Answer (Paper No. 43); and (4) the Paradise Declaration, filed under the
provisions of 37 CFR § 1.132, executed June 17, 1999 (Paper No. 32).
On consideration of the record, including the above-listed materials, we affirm
the examiner's rejection of claims 1, 2, 4, 6, 7, 9, 10, 12, 13, 15, 16, 18 through 21, and
23 through 27 under 35 U.S.C. § 112, second paragraph. We reverse the rejection of
claim 14 under 35 U.S.C. § 112, first paragraph, and we do not reach the rejection of
the remaining claims under that statutory provision.
Preliminary Matter
As a preliminary matter, we refer to section VII of the amended Appeal Brief
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007