Ex Parte DELABASTITA et al - Page 5





          Appeal No. 2001-0945                                                        
          Application No. 08/908,129                                                  


          support of Peterson falls outside the definition of a “flexible             
          support” as set forth in their specification.  We take note of              
          the fact that aluminum foil is generally very thin, thus expected           
          to be flexible.  The definitions of a flexible support found in             
          appellants’ specification do not exclude flexible metal supports;           
          the mention of “e.g.[,] paper or organic resin supports”                    
          (emphasis added) is considered to be merely exemplary.                      
               For the foregoing reasons, and for the reasons set forth in            
          the examiner’s answer, the decision of the examiner is affirmed.            
               No time period for taking any subsequent action in                                                                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        
                                                                                     
                    MARC L. CAROFF               )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    ROMULO H. DELMENDO           )     APPEALS AND                    













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