Ex parte FLOYD - Page 2






            Appeal 95-4477                                                                                    
            Application 08/006,350                                                                            


                   A.    Findings of fact                                                                     

                   The record supports the following findings by a                                            

            preponderance of the evidence.                                                                    

                                                The claims                                                    

                         1.     Claims 1-14, 21  and 23-25 are on appeal.3                                                          

                         2.     Claim 1 reads as follows (some indentation and                                

            paragraph numbering added; portions in bold added by an                                           

            amendment filed March 25, 1994 (Amendment B, Paper 6)):                                           

                   Claim 1:  A cellulosic nonwoven material                                                   
                         comprising an organosilicone compound, the                                           
                   improvement which                                                                          
                         comprises that the organosilicone compound                                           
                         comprises[4]                                                                         











               In reproducing claim 21 in the Appendix to the Appeal Brief, applicant omitted3                                                                                            
            the limitation "provided the ratio of polysiloxanes A:B is between about >10:1 and                
            15:1."  Although another error (the absence of the word "cellulosic") was noted by the            
            examiner (Examiner's Answer, page 2), he did not note the absence of the portion in               
            bold.                                                                                             
               The use of three "comprises" has complicated our efforts to understand the4                                                                                            
            precise scope of claim 1.  We fail to understand why claim 1 cannot be written in                 
            plainer English and, if there is further prosecution, we recommend that claim 1 be re-            
            written to read:  "In a combination of a cellulosic nonwoven material and a medium, the           
            improvement wherein the medium comprises [A] ***."                                                

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