Ex parte LUBAR - Page 4




                     Appeal No. 95-4147                                                                                                                                                
                     Application 08/151,454                                                                                                                                            


                     applied above further in view of Desjarlais, Smith, Barton and                                                                                                    
                     Rohowetz (Answer, page 6).  The examiner has made a new ground                                                                                                    
                     of rejection in the Answer of all the appealed claims under 35                                                                                                    
                     U.S.C. § 103 as                                                                                                                                                   





                     unpatentable over Pointon (Answer, page 8).   We reverse all                                 3                                                                    
                     of the examiner’s rejections for reasons which follow.                                                                                                            
                     OPINION                                                                                                                                                           
                                A.  The Rejection under § 112, Second Paragraph                                                                                                        
                                The examiner concludes that the phrase “generally being                                                                                                
                     ink-impermeable” recited in appealed claims 1, 15 and 20 is                                                                                                       
                     “vague and indefinite” because something is or is not                                                                                                             
                     impermeable (Answer, page 3).  The examiner states that the                                                                                                       
                     word “impermeable” does not define a matter of degree but is                                                                                                      
                     an absolute (sentence bridging pages 3-4 of the Answer).                                                                                                          


                                3The new ground of rejection of claims 14 and 29 under the                                                                                             
                     second paragraph of § 112 has been withdrawn in view of the                                                                                                       
                     entry of appellant’s amendment dated June 19, 1995, Paper No.                                                                                                     
                     8 (see the Supplemental Answer dated July 10, 1995, Paper No.                                                                                                     
                     9, page 2).                                                                                                                                                       
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