Ex parte REICHENECKER - Page 4




          Appeal No. 96-0114                                                          
          Application No. 08/128,279                                                  


          appellant’s statements in the specification.  Id.  Mere                     
          conclusory remarks by the examiner regarding a propellant gas               
          are not sufficient to satisfy his or her burden.  Note that                 
          there is nothing inconsistent about feeding a propellant gas                
          ("a liquefied gas with a vapor pressure greater than                        
          atmospheric pressure at 105 deg. F") under adequate pressure                
          to permit its introduction into an extruder containing a                    
          viscous liquid starch composition and causing the conversion                
          of a propellant gas (liquid form) to a gaseous form in an                   
          extruder due to temperature and pressure conditions therein.                
          See Brief, page 7.  The very reference the examiner relied                  
          upon to justify his                                                         
          § 112 rejection also supports appellant’s conclusion that one               
          of ordinary skill in the art would know how to select                       
          "suitable propellants" for making cushioning particles without              
          undue experimentation.  The examiner’s doubt as to why the                  
          specification is inadequate is simply unsupported by any                    
          evidence.  Marzocchi, 439 F.2d at 224, 169 USPQ at 370.                     
          Accordingly, we reverse the examiner’s decision rejecting                   




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