Ex parte ALDRIDGE - Page 3




                     Appeal No. 96-3615                                                                                                                                                
                     Application 08/237,567                                                                                                                                            


                     (German Patent)                                                                                                                                                   
                     Alonso et al., Powder Coating in a Rotary Mixer with Rocking                                                                                                      
                     Motion, Powder Technology, 1988, pp. 134-141.                                                                                                                     

                     Fan et al., Recent Developments in Solids Mixing, Powder                                                                                                          
                     Technology, 1990 pp. 255-287.                                                                                                                                     
                                The following rejections are before us for review:5                                                                                                    
                                (a) claims 23, 24, 29, 30 under 35 U.S.C. § 112, second                                                                                                
                     paragraph, as being indefinite;                                                                                                                                   
                                (b) claims 4, 25, 27, 31 under 35 U.S.C. § 102(b) as                                                                                                   
                     being anticipated by Alonso;                                                                                                                                      
                                (c) claims 5-8, 13-15, 17, 23, 24, 29 and 30 under 35                                                                                                  
                     U.S.C. § 103 as being unpatentable over Alonso in view of Fan;                                                                                                    
                                (d) claims 5-8, 13-15, 17, 23, 24, 29 and 30 under 35                                                                                                  
                     U.S.C. § 103 as being unpatentable over Alonso in view of                                                                                                         
                     Fischer; and                                                                                                                                                      
                                (e) claims 26 and 28 under 35 U.S.C. § 103 as being                                                                                                    


                     to this opinion.                                                                                                                                                  
                                5 The examiner has also objected to the drawings under 37                                                                                              
                     CFR § 1.83(a) for allegedly failing to show every feature of                                                                                                      
                     the invention specified in the claims.  Matters within the                                                                                                        
                     examiner’s discretion, such as objections to the drawings, are                                                                                                    
                     not subject to our review.  Rather, such matters may be                                                                                                           
                     resolved by petition to the Commissioner under 37 CFR § 1.181.                                                                                                    
                                                                                         -3-                                                                                           





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