Appeal No. 95-5080
Application 07/952,122
The references relied upon by the Examiner are:
Henton et al. (Henton) 4,778,851 Oct. 18, 1988
Lee and Neville (Lee), Handbook of Epoxy Resins, McGraw-Hill Book
Company, NY, pp. 12-1 and 12-37 (1967).
The examiner has made the following rejections:
I. The specification stands objected to [sic: claims2
1-4, 6-13 and 15-21 stand rejected ] under 353
U.S.C. § 112.
II. Claims 1-4, 6-13 and 15-21 stand rejected under 35
U.S.C. § 112, for indefiniteness.
III. Claims 1-4, 6-13 and 15-21 stand rejected under
35 U.S.C. § 103 as unpatentable over Henton in view of
Lee.
We reverse rejections I-III and institute a new ground
of rejection.
I. Claims 1-4, 6-13 and 15-21 stand rejected under 35 U.S.C.
Objections are not reviewable by the Board. See MPEP2
706.01.
Appellants, in their brief (pages 3-4) addressed this3
matter as a rejection of the claims 1-4, 6-13 and 15-21 under 35
U.S.C. § 112, first paragraph and the examiner in his
supplemental answer refer to the matter as a 35 U.S.C. § 112,
first paragraph rejection. Accordingly, we treat the examiner's
statement in the final rejection and in the examiner's answer as
a rejection of claims 1-4, 6-13 and 15-21 under 35 U.S.C. § 112,
first paragraph.
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