Appeal 2007-1348
Application 10/650,253
1 B. Record on appeal
2 1. Specification, including original claims and a preliminary
3 amendment to the specification setting out the claimed priority.
4 2. Drawings
5 3. Final Rejection entered 16 March 2006
6 4. Brief on Appeal filed 03 August 2006
7 5. Examiner’s Answer entered 31 August 2006
8 6. Reply Brief filed 13 September 2006
9 7. Examiner’s notation of Reply Brief entered 03 October 2006
10 8. Supplemental Reply Brief filed 16 October 2006 (in which
11 appellants explicitly withdraw reliance on a Rule 131 declaration of
12 Dr. Richard Todd Darrington seeking to antedate Singer)
13 9. Bright
14 10. Curatolo
15 11. Singer
16 12. Memorandum Opinion and Order (Decision on Motions) entered
17 in Li v. Singer, Interference 105,366, Paper 71 (Bd. Pat. App. & Int. Nov. 8,
18 2006)—a copy of the Memorandum Opinion and Order appears in the
19 evidence appendix of the Appeal Brief.
20
21 C. Issues
22 There are three principal issues on appeal.
23 The first issue is whether appellants have sustained their burden of
24 showing that the Examiner erred in rejecting the claims on appeal under
25 35 U.S.C. § 112, first paragraph, for lack of an enabling description.
3
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