Ex parte DYE et al. - Page 5




          Appeal No. 1998-2257                                                        
          Application 08/692,310                                                      


          the appellants’ specification and the prior art, fails to set               
          out and circumscribe a particular area with a reasonable                    
          degree of precision and particularity.  The examiner’s mere                 
          assertion that the figures do not set forth the alloy to which              
          they apply is not such an explanation.  Moreover, the                       
          descriptive titles of the figures which show that                           
          figures 36(B) and 37-39 pertain to AuZn, figures 40 and 41                  
          pertain to AuCu, and figure 42 pertains to ZnCu, indicate that              
          the examiner’s assertion is incorrect.                                      
               Accordingly, we reverse the rejection under 35 U.S.C.                  
          § 112, second paragraph.                                                    

                    Rejection under 35 U.S.C. § 103 over Rieke                        
                     in view of Dye ‘180 or the Dye article,                          
                      further in view of Kilner and Nakajima                          
               The examiner argues (answer, pages 4-5) that Rieke                     
          discloses producing finely divided powders by the reduction of              
          metal salts and that convenient systems of reducing agents and              
          solvents include potassium and tetrahydrofuran, sodium and                  
          1,2-dimethoxyethane, and sodium or potassium with benzene or                
          toluene (page 1261), the Dye article discloses electrides as                
          reductants (page 1555), Dye ‘180 discloses alkali metal anion               

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