Foss's critique of van Fraassen's constructive empiricism is shown to be completely wide of the mark (Foss 1984, van Fraassen 1980). Foss misunderstands van Fraassen's use of the terms 'observable', 'phenomena', 'empirical adequacy', and 'epistemic community'. He misconstrues constructive empiricism as making knowledge, and perhaps existence, dependent on the observer. On the basis of this error, he attempts to reduce constructive empiricism to skepticism. None of his criticisms are to the point.