Appeal No. 2005-1422 Page 22
Application No. 09/997,522
We do not reach the merits of:
The rejection of claims 3, 6, 7, 9, 12, 13, and 58 under the enablement
provision of 35 U.S.C. § 112, first paragraph.
We reverse:
The rejection of claims 3-7, 9, 10, 12, 13, 57, and 58 under 35 U.S.C.
§ 101 as lacking utility and § 112, first paragraph, for lack of enablement based
on the finding of lack of utility.
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
)
Toni R. Scheiner )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Donald E. Adams ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Eric Grimes )
Administrative Patent Judge )
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