Appeal No. 2003-0843 Page 3
Application No. 09/198,728
March 19, 2002) and reply brief (Paper No. 14, filed July 30,
2002) for appellants' arguments thereagainst. Only those
arguments actually made by appellants have been considered in
this decision. Arguments which appellants could have made but
chose not to make in the brief have not been considered. See 37
CFR 1.192(a).
OPINION
In reaching our decision in this appeal, we have carefully
considered the subject matter on appeal, the rejection advanced
by the examiner, and the evidence of lack of enablement relied
upon by the examiner for the rejection. We have, likewise,
reviewed and taken into consideration, in reaching our decision,
appellants' arguments set forth in the briefs along with the
examiner's rationale in support of the rejection and arguments in
rebuttal set forth in the examiner's answer.
Upon consideration of the record before us, we reverse,
essentially for the reasons set forth by appellants. We observe
at the outset appellants’ assertion (brief, page 3) that the
claims stand or fall together. Accordingly, we select claim 1 as
being representative of the group.
Turning to claim 1, we begin with a brief discussion of the
requirements of 35 U.S.C. § 112, first paragraph. The first
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