Ex parte HEFFNER et al. - Page 3




          Appeal No. 1998-2643                                                        
          Application 08/549,349                                                      


               The examiner has relied upon the following references as               
          evidence of obviousness:                                                    
          Lantz, II (Lantz)              5,258,334          Nov. 2, 1993              
          Haluska                        5,290,354          Mar. 1, 1994              
               This merits panel relies upon the following reference,                 
          previously made of record, as support for a new ground of                   
          rejection pursuant to the provisions of 37 CFR § 1.196(b):                  
          Duncan et al. (Duncan)         3,170,813          Feb. 23,                  
          1965    Claims 33-35 and 37 stand rejected under 35 U.S.C. §                
          112 as “the term ‘selected’ is vague and indefinite.”  Answer,              
          page 4.  Claims 32, 33, 40 and 41 stand rejected under 35                   
          U.S.C. § 103 as unpatentable over Haluska (Answer, page 4).                 
          Claims 34-39 stand rejected under 35 U.S.C. § 103 as                        
          unpatentable over Haluska in view of Lantz (Answer, page 5).                
          We reverse all of the examiner’s rejections.  Furthermore, we               




          words “one coating composition is selected from” have been                  
          deleted from the claim (see the amendment dated June 13, 1997,              
          Paper No. 9).  Furthermore, claim 38 as written in this                     
          application (id.) contains “wherein” and “35” interposed while              
          claim 39 requires a “, and” after “teflon” in line 3 of the                 
          claim.  See the specification, page 8, ll. 1-2.  Upon the                   
          return of this application to the jurisdiction of the                       
          examiner, these matters should be corrected.                                
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