Ex Parte KLINGER et al - Page 18


                    Appeal No. 2001-0407                                                                     Page 18                        
                    Application No. 08/460,215                                                                                              

                                                                Summary                                                                     
                            We reverse the rejections of claims 45-47 because the examiner has not                                          
                    shown that undue experimentation would have been required to make or use the                                            
                    claimed compositions.  However, we affirm the rejection of claims 37-39 because                                         
                    the examiner has convincingly shown that the specification does not provide                                             
                    adequate guidance to enable those skilled in the art to practice the claimed                                            
                    method without undue experimentation.                                                                                   
                            No time period for taking any subsequent action in connection with this                                         
                    appeal may be extended under 37 CFR § 1.136(a).                                                                         


                                                         AFFIRMED IN PART                                                                   



                                             Toni R. Scheiner                        )                                                     
                                             Administrative Patent Judge              )                                                     
                                                                                      )                                                     
                                                                                      )                                                     
                                                                                      ) BOARD OF PATENT                                     
                                             Demetra J. Mills                        )                                                     
                                             Administrative Patent Judge              )   APPEALS AND                                       
                                                                                      )                                                     
                                                                                      ) INTERFERENCES                                       
                                                                                      )                                                     
                                             Eric Grimes                             )                                                     
                                             Administrative Patent Judge              )                                                     





                    EG/dym                                                                                                                  





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