Appeal No. 2003-1608 Page 2
Application No. 08/425,716
GROUNDS OF REJECTION
Claims 26, 31, 35, 36 and 43 stand rejected under 35 U.S.C. § 112, first
paragraph, as being based on an insufficient disclosure to support or enable the
claimed invention.
Claims 26, 31, 35, 36 and 43 stand rejected on the grounds of res judicata
as the issue and evidence of record in this appeal is exactly the same as the
issue and evidence of record in Board of Patent Appeals and Interference,
Appeal No. 1999-1361. See, Decision on Appeal No. 1999-1361 (Paper No. 48,
entered January 31, 2001), affirming the rejection of claims 26, 31, 35, 36 and 43
under 35 U.S.C. § 112, first paragraph, as being based on an insufficient
disclosure to support or enable the claimed invention.
We affirm.
BACKGROUND
Appellants accurately characterize the events leading to this appeal (Brief,
page 6). On January 31, 2001, the Board of Patent Appeals and Interference
entered a Decision on Appeal in Appeal No. 1999-1361, affirming the rejection of
claims 26, 31, 35, 36 and 43 under 35 U.S.C. § 112, first paragraph, as being
based on an insufficient disclosure to support or enable the claimed invention.
In response to this Decision on Appeal, appellants filed a request to
establish a Continued Prosecution Application on April 2, 2001. On May 1,
2001, the examiner issued an Office Action finally rejecting claims 26, 31, 35, 36
and 43 under 35 U.S.C. § 112, first paragraph, as being based on an insufficient
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