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pages 3-4 of the Answer). 3The new ground of rejection of claims 14 and 29 under the second paragraph of § 112 has been withdrawn in view of the entry of appellant’s amendment dated June 19, 1995, Paper No. 8 (see the Supplemental Answer dated July 10, 1995, Paper No. 9, page 2). 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007