Appeal No. 1995-4243
Application 07/924,591
reconsideration of our decision dated August 24, 1998,2
affirming the rejection
of claims 2-4, 9-11, and 13-14 under the first paragraph of
35 U.S.C. § 112 for lack of descriptive support.3
Appellant requests rehearing based on two issues only
with respect to claim 11 (Request, page 3). Specifically,
appellant requests that the Board reconsider its decision that
there is insufficient support in the originally filed
disclosure for the subject matter of claim 11. Appellant also
requests that the Board reconsider its decision to affirm the
rejection of claim 11 since the rejection of claim 12 was
reversed and both claims are “subsets of the table on page 8"
of the specification (Id.).
Both issues are related and will be addressed together.
The ratios of silicon to boron in independent claim 14 were
held to lack descriptive support in the originally filed
A request for reconsideration is now denominated as a request for2
rehearing. See 37 CFR § 1.197(b), amended effective Dec. 1, 1997, by final
rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203 Off. Gaz. Pat.
& Trademark Office 63,122 (Oct. 21, 1997).
All other rejections on appeal were reversed.3
2
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