Appeal No. 2003-1561 Page 3
Application No. 09/632,840
Cherukuri or Cook. Claims 33-37 and 39-46 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Abdel-Malik, Shaw,
Cherukuri or Cook.
We refer to the brief, the reply brief and to the answer for
a complete exposition of the opposing viewpoints expressed by
appellants and the examiner concerning the issues before us on
this appeal.
OPINION
Having carefully considered each of appellants* arguments
set forth in the brief and reply brief, appellants have not
persuaded us of reversible error with respect to the § 112, first
paragraph and § 102 rejections advanced by the examiner.
However, our disposition of the examiner’s § 103 rejection is
another matter. Consequently, we shall sustain the examiner’s
§ 112, first paragraph and § 102 rejections and reverse the
examiner’s § 103 rejection. Our reasoning follows.
Rejection under 35 U.S.C. § 112, first paragraph
As the court stated in In re Kaslow, 707 F.2d 1366, 1375,
217 USPQ 1089, 1096 (Fed. Cir. 1983):
The test for determining compliance with the written
description requirement is whether the disclosure of
the application as originally filed reasonably conveys
to the artisan that the inventor had possession at that
time of the later claimed subject matter, rather than
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007