Appeal No. 2003-0203 Page 2
Application No. 09/419,136
BACKGROUND
The appellants' invention relates to a device for suspending a wheel axle from a
vehicle having an electronic control unit for receiving suspension-related inputs. A copy
of the claims under appeal is set forth in the appendix to the appellants' brief.
Claims 1 to 9 stand rejected under 35 U.S.C. § 112, first paragraph, 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 make and/or use the invention.
The conflicting viewpoints advanced by the examiner and the appellants
regarding the above-noted rejection are set forth in the answer (Paper No. 14, mailed
July 2, 2002), the brief (Paper No. 13, filed April 11, 2002) and the reply brief (Paper No.
15, filed September 3, 2002).
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 in their briefs and the examiner in the answer. As a consequence of our
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