Ex parte BERG - Page 9




          Appeal No. 93-3114                                                          
          Application 07/825,465                                                      
               We find that Maas reasonably appears to describe the                   
          process applicant claims.  Accordingly, we affirm the                       
          examiner’s rejections of Claims 1-8 under 35 U.S.C. § 102(b)                
          over Maas and under 35 U.S.C. § 102(f) because applicant                    
          indicated by his signing of the Maas dissertation that he had               
          “examined a dissertation entitled THE IMMUNE RESPONSES OF MICE              
          AND CATTLE TO FUSOBACTERIUM NECROPHORUM presented by Synthea                
          Maas” prior to the June 7, 1990 filing date of his parent                   
          application and that “it is worthy of acceptance” (Maas, the                
          signature and acceptance page).  While applicant appears to                 
          believe that Maas’ dissertation describes subject matter                    
          outside the scope of the process presently being claimed on                 
          appeal, we surmise that he is reading limitations of the                    
          specification into the claims, which is improper.  In re                    
          Prater, 415 F.2d 1393, 1404, 162 USPQ 541, 550 (CCPA 1969).                 




          2.   Rejection in view of Abe, Nelson, and Adam                             
               Claims 1-8 stand rejected under 35 U.S.C. § 103 as                     
          unpatentable in view of the teachings of Abe, Nelson and Adam.              


          We affirm.                                                                  
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