Appeal No. 95-0808
Application 08/048,866
909, 164 USPQ 642, 645-6 (CCPA 1970). We further note that
the examiner does not address the rejected claims
individually, and that the examiner’s reasoning clearly does
not apply to claim 3 which recites six organic radical species
and to claims 4 and 5 which each recite a single organic
radical specie.
For the above reasons, we do not sustain the rejections
under 35 U.S.C. § 112, first and second paragraphs.
DECISION
The rejections of claims 1-10 under 35 U.S.C. § 102(e) as
being anticipated by Basil, and under 35 U.S.C. § 103 as being
obvious over Fujioka in view of Schroeder, are affirmed. The
rejections of claims 1-10 under 35 U.S.C. § 112, first and
second paragraphs are reversed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
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