Ex parte SAMEER H. ELDIN et al. - Page 3




          Appeal No. 95-5080                                                           
          Application 07/952,122                                                       


                    The references relied upon by the Examiner are:                    
          Henton et al. (Henton)      4,778,851      Oct. 18, 1988                     
          Lee and Neville (Lee), Handbook of Epoxy Resins, McGraw-Hill Book            
          Company, NY, pp. 12-1 and 12-37 (1967).                                      
                                                                                      
                    The examiner has made the following rejections:                    
                    I.  The specification stands objected  to [sic: claims2                            
                    1-4, 6-13 and 15-21 stand rejected ] under 353                               
                    U.S.C.  112.                                                      
                    II.  Claims 1-4, 6-13 and 15-21 stand rejected under 35            
          U.S.C.  112, for indefiniteness.                                            
                    III.  Claims 1-4, 6-13 and 15-21 stand rejected under              
                    35 U.S.C.  103 as unpatentable over Henton in view of             
                    Lee.                                                               
                    We reverse rejections I-III and institute a new ground             
          of rejection.                                                                
          I.  Claims 1-4, 6-13 and 15-21 stand rejected under 35 U.S.C.                


            Objections are not reviewable by the Board.  See MPEP2                                                                       
          706.01.                                                                      
             Appellants, in their brief (pages 3-4) addressed this3                                                                       
          matter as a rejection of the claims 1-4, 6-13 and 15-21 under 35             
          U.S.C.  112, first paragraph and the examiner in his                        
          supplemental answer refer to the matter as a 35 U.S.C.  112,                
          first paragraph rejection.  Accordingly, we treat the examiner's             
          statement in the final rejection and in the examiner's answer as             
          a rejection of claims 1-4, 6-13 and 15-21 under 35 U.S.C.  112,             
          first paragraph.                                                             
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