Appeal No. 2004-1231
Application 09/481,224
REFERENCES
The prior art relied on by Examiner is Appellants’ Admitted
Prior Art (AAPA).
REJECTIONS AT ISSUE
Claims 1-20 stand rejected under 35 U.S.C. § 112, first
paragraph. Claims 1-12 stand rejected under 35 U.S.C. § 112,
second paragraph. Claims 1-20 stand rejected further under
35 U.S.C. § 103.
OPINION
With full consideration being given to the subject matter on
appeal, Examiner’s rejections and the arguments of Appellants and
Examiner, for the reasons stated infra, we reverse the Examiner’s
rejection of claims 1-20 under 35 U.S.C. § 112, first paragraph,
the rejection of claims 1-12 under 35 U.S.C. § 112, second
paragraph, and the rejection of claims 1-20 under 35 U.S.C.
§ 103(a).
We first turn to the rejection of claims 1-20 under 35
U.S.C. § 112, first paragraph. In rejecting a claim under the
first paragraph of 35 U.S.C. §112 for lack of adequate
descriptive support, it is incumbent upon the examiner to
establish that the originally filed disclosure would not have
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