Ex parte BATE et al. - Page 2




                 Appeal No. 95-4577                                                                                                                     
                 Application No. 08/001,192                                                                                                             

                          This is a decision on an appeal which involves claims 3                                                                       
                 through 6, 8, 10 through 17 and 25 through 29.   The only                          2                                                   
                 other claims remaining in the application, which are claims 18                                                                         
                 through 24, have been allowed.                                                                                                         
                          The subject matter on appeal relates to a non-stick                                                                           
                 coating which comprises refractory fibres mixed with at least                                                                          
                 one fluorocarbon resin and to a cooking article having such a                                                                          
                 non-stick coating.  This appealed subject matter is adequately                                                                         
                 illustrated by independent claims 25, 27, 28 and 29, a copy of                                                                         
                 which taken from the appellants' brief is appended to this                                                                             
                 decision.                                                                                                                              
                          The sole reference relied upon by the examiner as                                                                             
                 evidence of obviousness is:                                                                                                            
                 Yoshimura et al.                             4,248,763                                    Feb. 3, 1981                                 
                 (Yoshimura)                                                                                                                            
                          All of the claims on appeal are rejected under 35 U.S.C.                                                                      
                 § 103 as being unpatentable over Yoshimura.                                                                                            




                          2As pointed out by the examiner in his answer and noted                                                                       
                 by the appellants' attorney during the oral hearing, claims 8                                                                          
                 and 10 inappropriately depend from canceled claims.  This                                                                              
                 informality should be corrected upon return of the application                                                                         
                 to the jurisdiction of the examiner.                                                                                                   
                                                                           2                                                                            





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