Appeal No. 95-4407 Page 2
Application No. 08/124,834
affirmed the examiner's rejection of claims 52 to 55, 62 to 65,
70 to 73, 76 and 77 under 35 U.S.C. § 112, first paragraph,
affirmed the examiner's rejection of claims 68, 69, 74 and 75
under 35 U.S.C. § 102(b), reversed the examiner's rejection of
claim 69 under 35 U.S.C.
§ 112, first paragraph, and reversed the examiner's rejection of
claims 52 to 54, 62 to 64, 70 to 72 and 76 under 35 U.S.C. §
103. The appellants seek rehearing only with respect to the
affirmance of the examiner's rejection of claims 52 to 55, 62 to
65, 70 to 73, 76 and 77 under 35 U.S.C. § 112, first paragraph.
We have carefully considered the arguments raised by the
appellants in their request for rehearing, however, those
arguments are only persuasive with respect to claims 70 and 76.
The first argument (p. 2) raised by the appellants is that
terms "uniform grain size" (claim 70) and "uniform . . . grains"
(claim 76) find literal support in the appellants' specification
final rule notice published at 62 Fed. Reg. 53131, 53197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. Office 63, 122 (Oct. 21,
1997)).
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