Ex parte HOU - Page 3




                 Appeal No. 1997-1515                                                                                                                   
                 Application 08/361,891                                                                                                                 


                                                               THE REFERENCE2                                                                           
                 Ahmed                       4,992,192              Feb. 12,                                                                            
                 1991                                                                                                                                   
                                                                THE REJECTION                                                                           
                          Claims 30-40, 42-44 and 49 stand rejected under 35 U.S.C.                                                                     
                 § 103 as being unpatentable over Ahmed.                                                                                                
                                                                     OPINION                                                                            
                          We have carefully considered all of the arguments                                                                             
                 advanced by appellant and the examiner and agree with                                                                                  
                 appellant that the aforementioned rejection is not well                                                                                
                 founded.  Accordingly, we reverse this rejection.                                                                                      
                          We need to address only appellant’s claim 49, which is                                                                        
                 the sole independent claim.                                                                                                            
                          Ahmed discloses electrorheological fluids (col. 1, lines                                                                      
                 4-5), which are “colloidal dispersions of polymeric particles                                                                          
                 in a low conductivity continuous medium which show dramatic                                                                            
                 changes in flow properties when exposed to an electric field”                                                                          


                          2The examiner refers to Stangroom (U.S. 4,129,513) and                                                                        
                 Chung (U.S. 4,994,198) in the examiner’s answer.  These                                                                                
                 references are not included in the statement of the rejection                                                                          
                 and, therefore, are not properly before us.  See In re Hoch,                                                                           
                 428 F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).                                                                            
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