Ex Parte DRUECKE et al - Page 2



          Appeal No. 2002-0185                                                        
          Application 08/902,171                                                      

          seams which are not reinforced with an additional strip of                  
          material and in which the polyolefin film side of two laminated             
          fabric edges are melted together, said seam(s) having a strength            
          of about 2000 grams or greater per inch of seam width, and said             
          laminated fabric having a basis weight of about 80 grams or less            
          per square meter, a hydrohead of about 50 centimeters or greater,           
          and a breathability of about 1000 grams or greater per square               
          meter per 24 hours.                                                         

               2.  The garment of Claim 1 wherein the wholesale price,                
          expressed as 1997 U.S. dollars, is about 20 dollars or less.                

               3.  The garment of Claim 1 wherein the wholesale price,                
          expressed as 1997 U.S. dollars, is about 10 dollars or less.                
               4.  The garment of claim 1 wherein the wholesale price,                
          expressed as 1997 U.S. dollars, is from about 2 to about 8                  
          dollars.                                                                    


               Claims 1-11 stand rejected under 35 U.S.C. § 112, first                
          paragraph (written description), 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               
          inventors, at the time the application was filed, had possession            
          of the claimed invention.                                                   
               Claims 2-4 stand rejected under 35 U.S.C. § 112, second                
          paragraph.                                                                  

          I.   The 35 U.S.C. § 112, first paragraph, rejection (written               
               description)                                                           

               We first present the applicable case law in connection with            
          a 35 U.S.C. § 112, first paragraph rejection, specifically, lack            
          of written descriptive support, discussed below.                            


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