Ex Parte Farnworth et al - Page 2



         Appeal No. 2006-2181                                                       
         Application No. 10/878,586                                                 

             The examiner does not cite prior art in the rejection of the           
         appealed claims.                                                           
             Appealed claims 1-20 stand rejected under 35 U.S.C. § 112,             
         first paragraph, description requirement.                                  
             Appellants do not set forth an argument that is reasonably             
         specific to any particular claim on appeal.  Accordingly, all              
         the appealed claims stand or fall together with claims 1 and 9.            
             We have thoroughly reviewed each of appellants' arguments              
         for patentability.  However, we find that the examiner's                   
         rejection is well-founded and in accordance with current patent            
         jurisprudence.  Accordingly, we will sustain the examiner's                
         rejection for essentially those reasons expressed in the Answer,           
         and we add the following primarily for emphasis.                           
              We agree with the examiner that the claim language "the               
         ratio of a dimension of a contact region to a separation                   
         distance between adjacent contact regions is at least 10:1" does           
         not find descriptive support in the original specification, nor            
         does the claim 9 recitation that "the ratio of the dimension of            
         the contact region to the separation distance between contact              
         regions is at least 15:1."                                                 
             It is by now well settled that the description requirement             
         of 35 U.S.C. § 112, first paragraph, requires that the original            
                                        -2-                                         



Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007