Ex parte DEBE - Page 4




                 Appeal No. 95-4966                                                                                                                     
                 Application No. 08/072,182                                                                                                             


                          A.  The Rejection under § 112, First Paragraph                                                                                
                          Appellant does not contest the examiner’s final rejection                                                                     
                 of claims 17 and 20 under the first paragraph of § 112 (Brief,                                                                         
                 page 7).  Therefore we summarily affirm the examiner’s                                                                                 
                 rejection.  We note that the claimed coating thickness of “50-                                                                         
                 2500 Angstroms” is not equivalent to the original disclosure                                                                           
                 of a coating thickness of “0.05 to 0.25 micrometers” (see the                                                                          
                 specification, page 14, lines 19-20).2                                                                                                 
                          We further note that appellant has “rewritten” claim 17                                                                       
                 in the Appendix to the Brief with --0.05 to 0.25 micrometers--                                                                         
                 substituted for “50-2500 Angstroms” (Brief, page 7).  The                                                                              
                 examiner states that this “proposed” amendment would overcome                                                                          
                 the rejection under the first paragraph of § 112 but this                                                                              
                 amendment has not been properly submitted and has not been                                                                             
                 entered (Answer, page 7).  Any “proposed” amendment to                                                                                 
                 appealed claim 17 is not before us.  Our affirmance of this                                                                            
                 rejection is based on claim 17 as presented in the Amendment                                                                           



                          2The range “0.05 to 0.25 micrometers” is equivalent to                                                                        
                 “500 to 2500 Angstroms” since 1 Angstrom is equal to 10-10                                                                             
                 meters.  See Hackh’s Chemical Dictionary, 3rd ed., p. 57, The                                                                          
                 Blakiston Co., Inc. (1953).                                                                                                            
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