Ex parte BAKLARZ - Page 2




                 Appeal No. 1997-0031                                                                                                                   
                 Application 07/987,669                                                                                                                 


                 pending in the application.   We reverse.        2                                                                                     


                          The invention relates to “a process for using a set of                                                                        
                 transparent and opaque ceramic colors or mineral pigments to                                                                           
                 obtain a permanent representation of full-tone, full-color                                                                             
                 photographs on a base” (specification, page 1).  A copy of the                                                                         
                 claims on appeal appears in the appendix to the appellant’s                                                                            
                 reply brief (Paper No. 25).                                                                                                            
                          Claims 17 through 21, 24 and 25 stand rejected under 35                                                                       
                 U.S.C. § 112, second paragraph, as failing to particularly                                                                             
                 point out and distinctly claim the subject matter the                                                                                  
                 appellant regards as the invention.                                                                                                    
                          Claim 24 also stands rejected under 35 U.S.C. § 112,                                                                          
                 first paragraph, as being based on a specification which fails                                                                         
                 to comply with the written description requirement of this                                                                             
                 section of the statute.                                                                                                                
                          Reference is made to the appellant’s main brief (Paper                                                                        
                 No. 20) and to the examiner’s main answer (Paper No. 21) for                                                                           

                          2Independent claim 17 has been amended subsequent to                                                                          
                 final rejection.  As noted by the examiner on page 3 in the                                                                            
                 supplemental answer (Paper No. 26), the amendment to claim 17                                                                          
                 renders dependent claim 19 redundant.                                                                                                  
                                                                         -2-                                                                            





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