Ex Parte Akers - Page 3



          Appeal No. 2005-0855                                            3           
          Application No. 10/269,807                                                  

               when the half-life of the selected positron emitter is                 
          greater than or equal to the selected half-life, then performing            
          a normal activation/analysis process, said normal                           
          activation/analysis process comprising:                                     
               activating the selected positron emitter by bombarding the             
          specimen with photons having energies at least as great as the              
          threshold photon energy; and                                                
               detecting gamma rays produced by annihilation of positrons             
          with electrons in the specimen.                                             
                                   THE REJECTIONS                                     
               Claims 1 and 8 through 39 stand rejected under 35 U.S.C.               
          § 112, first paragraph, as being based on a specification which             
          fails to comply with the enablement requirement.                            
               Claims 1 and 8 through 39 also stand rejected under 35                 
          U.S.C. § 112, second paragraph, as failing to particularly point            
          out and distinctly claim the subject matter the appellant regards           
          as the invention.                                                           
               Attention is directed to the main, reply and supplemental              
          briefs and the second answer for the respective positions of the            
          appellant and the examiner regarding the merits of these                    
          rejections.1                                                                
               1                                                                      
               1 In the Office action which reopened prosecution, claims 1            
          and 8 through 10 additionally stood rejected under 35 U.S.C.                
          § 112, first paragraph, as being based on a specification which             
          fails to comply with the written description requirement.  Upon             
          reconsideration, the examiner has withdrawn this rejection (see             
          page 2 in the second answer).  Presumably, the examiner also has            
          withdrawn any reasoning relating to the two remaining rejections            
                                                                   (continued...)     





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