Appeal 2007-2929
Application 10/615,389
in light of the Appellants’ Specification, encompasses radiation having a
mathematically undefined frequency.
For the above reasons we reverse the Examiner’s rejection under
35 U.S.C. § 112, first paragraph, enablement requirement.
Rejection under 35 U.S.C. § 112, fourth paragraph
The Examiner rejects claims 39 and 41 because they depend from
canceled claim 1 (Ans. 3). The Appellants do not contest that rejection but,
rather, request a statement under 37 C.F.R. § 41.50(c) that the rejection can
be overcome by amending claim 39 to depend from claim 3 (Br. 6).
Accordingly, we summarily affirm the rejection under 35 U.S.C. § 112,
fourth paragraph.
Statement under 37 C.F.R. § 41.50(c)
The Appellants may overcome the rejection under 35 U.S.C. § 112,
fourth paragraph, as to both claims 39 and 41 by amending claim 39 to
depend from claim 3.
DECISION
The rejection of claims 2-12, 28-34, 39, 41 and 45-79 under
35 U.S.C. § 112, first paragraph, enablement requirement, is reversed. The
rejection of claims 39 and 41 under 35 U.S.C. § 112, fourth paragraph, as
being dependent from a canceled claim, is affirmed. A statement under
37 C.F.R. § 41.50(c) has been entered.
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