Appeal 2007-1559
Application 10/151,746
disclosure of JP '247 reciting a ratio of 0.7 simply cannot anticipate or render
obvious the ratio of 'about 0.65' required in the Appellant's claims" (page 4,
Reply Br., third para.). However, we find no merit in this argument because
the unpredictability of chemistry has no bearing on the issue of whether the
claim term "about 0.65" encompasses the value of 0.7.
In conclusion, based on the foregoing and the reasons well stated by
the Examiner, the Examiner's decision rejecting the appealed claims is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(2006).
AFFIRMED
cam
CLEMENTS WALKER
1901 Roxborough Road
Suite 300
Charlotte, NC 28211
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