Ex parte SPECK - Page 9




                     Appeal No. 95-5133                                                                                                                                                
                     Application 08/135,523                                                                                                                                            


                     described in “Lot D.”  Since Lot D includes active agents required by the claims on appeal, that                                                                  

                     example might anticipate or render obvious the claims on appeal.                                                                                                  

                                                                                 SUMMARY                                                                                               

                                To summarize, the decision of the examiner to reject claim 14 under 35 U.S.C. § 102 is                                                                 

                     affirmed.  The decision of the examiner to reject claims 1, 5-8, and 10-12 under 35 U.S.C. § 103 is                                                               

                     reversed.                                                                                                                                                         





                                No time period for taking any subsequent action in connection with this appeal may  be                                                                 

                     extended under 37 CFR § 1.136(a).                                                                                                                                 

                                                                         AFFIRMED-IN-PART                                                                                              










                                                     SHERMAN D. WINTERS                                               )                                                                
                                                     Administrative Patent Judge                                      )                                                                
                                                                                                                      )                                                                
                                                                                                                      )                                                                
                                                                                                                      ) BOARD OF PATENT                                                

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