Appeal No. 94-3812
Application 07/857,701
colloidal inorganic particles embedded in a radiation
cured crosslinked polymer matrix of a polymer formed from
the cure of monomers comprising polyethylenically
unsaturated amide of acrylic acid.
BACKGROUND
Appellant noted this appeal on October 18, 1993 (Paper
Number 20). His brief was filed on December 27, 1993 (Paper
Number 22). The examiner filed his Answer on February 17,
1994 (Paper Number 23). In his Answer, the examiner included
a statement of the outstanding grounds of rejection,
specifically: (1) Claims 30 and 34 stand rejected under 35
U.S.C. 112, first and second paragraphs, based on several
different theories; (2) claims 1 through 5, 7 through 11, 13
through 17, 30 and 34 stand rejected under the judicially
created doctrine of obviousness double patenting; and, (3)
claims 1, 13, 30 and 34 stand rejected as being unpatentable
under 35 U.S.C. § 103 from Kojima et al. considered with
Dessauer and Aoyama et al. Additionally, the examiner entered
a new ground of rejection of claims 1 through 5, 7 through 11,
13 through 17, 30 and 34 as being unpatentable under 35 U.S.C.
§ 103. Appellant was given two months from the date of the
Answer in which to file a reply to the new ground of
rejection. The examiner also noted in his Answer that the
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