Ex Parte Nomula - Page 8

               Appeal 2007-0656                                                                            
               Application 10/653,584                                                                      
                                               DECISION                                                    
                      The Examiner’s rejection of claims 1-8 under 35 U.S.C. § 112, 1st                    
               paragraph, as failing to comply with the written description requirement for                
               the claim phrase “thinner than the inner layer” is REVERSED.                                
                      The Examiner’s rejection of claims 1-8 under 35 U.S.C. § 112, 2nd                    
               paragraph, as being indefinite because of the claim phrase “substantially                   
               entirely” is AFFIRMED.                                                                      
                      The Examiner’s rejection of claims 1-8 under 35 U.S.C. § 112, 1st                    
               paragraph, as lacking written description for the claim phrase “substantially               
               entirely” is procedurally REVERSED.                                                         
                      No time period for taking any subsequent action in connection with                   
               this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                              
                                               AFFIRMED                                                    









               cam                                                                                         
               Alston & Bird LLP                                                                           
               Bank of America Plaza                                                                       
               101 South Tryon Street, Suite 4000                                                          
               Charlotte, NC 28280-4000                                                                    




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