Appeal No. 95-2179
Application No. 07/994,536
range, the determination of optimum values outside that range
may not be obvious).
Where, as here, the examiner has not established a
prima facie case of obviousness, we find it unnecessary to
discuss the Rule 132 Declaration of David P. Jones, executed
September 10, 1993, or the Supplemental Rule 132 Declaration
of David P. Jones, executed February 1, 1994.
OTHER ISSUES
On return of this application to the Examining Corps, we
recommend that the examiner step back and reevaluate
patentability in light of the following issues.
First, it would not appear that claims 5, 6 and 10
particularly point out and distinctly claim the subject matter
which the applicants regard as their invention. 35 U.S.C.
§ 112,
-6-
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