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Ex parte TUOMINEN et al. - Page 3
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Board of Patent Appeals and Interferences > 2000 > Ex parte TUOMINEN et al. - Page 3
Appeal No. 1997-4287
Application No. 08/275,864
thereby mechanically aligning particles of the potentially
superconducting powder along an axis of electrical conduction;
and
removing the solvent from the bicomponent filaments.
The references relied upon by the examiner as evidence of
obviousness are:
Johnson 4,988,671 Jan. 29, 1991
Kloucek 5,037,801 Aug. 6, 1991
All of the appealed claims stand rejected under the
second paragraph of 35 U.S.C. § 112 for failing to
particularly point out and distinctly claim the subject matter
which the appellants regard as their invention.
All of the appealed claims also stand rejected under the
first paragraph of 35 U.S.C. § 112 as being based upon a
disclosure which would not enable practice of the here claimed
invention.
Finally, all of the appealed claims stand rejected under
35 U.S.C. § 103 as being unpatentable over Johnson in view of
Kloucek.
We cannot sustain any of the above noted rejections.
Concerning the section 112, second paragraph, rejection,
the examiner contends that “[t]he claims are indefinite in
that claim 1 recites that the powder or particles are aligned
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Last modified: November 3, 2007
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