Ex parte ITO et al. - Page 13




          Appeal No. 97-1156                                                          
          Application 08/192,270                                                      


          first paragraph).                                                           

               Further, claim 43 is ambiguous in meaning.  Is the                     
          “mixture” a component of the group from which a selection is                
          made, or is the “mixture” an addition to the metal selected                 
          from the group? This ambiguity renders the claim indefinite                 
          (35 U.S.C. 112, second paragraph).                                          

               In summary, this panel of the board has:                               

               reversed the rejection of claims 30 through 48 under 35                
          U.S.C. § 112, second paragraph, as being indefinite;                        


               reversed the rejection of claims 30, 31, 35 through 39,                
          42, and 45 through 48 under 35 U.S.C. § 102(b) as being                     
          anticipated by Oda;                                                         

               reversed the rejection of claims 30 through 34 and 37                  
          through 48 under 35 U.S.C. § 102(e) as being anticipated by                 
          Ito ‘085;                                                                   

               reversed the rejection of claims 30 through 34 and 37                  
          through 48 under 35 U.S.C. § 103 as being unpatentable over                 

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