Ex parte POTTER - Page 2




          Appeal No. 96-0004                                                          
          Application No. 08/147,759                                                  


               The subject matter on appeal is directed to irregularly                
          shaped glass fibers suitable for insulation.  The claimed                   
          glass fibers are defined by certain physical properties of                  
          first and second glass compositions from which the fibers are               
          composed.                                                                   
               Claim 23 is representative and is reproduced below:                    
          23.  Irregularly-shaped glass fibers suitable for insulation                
          comprising separate first and second oxide glass compositions               
          having:                                                                     
               a.   nonindentical coefficients of thermal expansion, the              
          nonidentical coefficients of thermal expansion having a                     
          difference greater than about 2.0 ppm/°C,                                   
               b.   log3 viscosity temperatures within the range of from              
          about 1850 to about 2050°F (1010 to 1121°C),                                
               c.   liquidus temperatures of at least 50°F(28°C) below                
          that of the log3 viscosity temperatures, and                                
               d.   chemical durabilities of less than about 4.0%.                    
               Claims 23-33 stand rejected under 35 U.S.C. § 112, second              
          paragraph, as indefinite.  All appealed claims stand rejected               
          under 35 U.S.C. § 112, first paragraph, “written description                
          requirement”.  We reverse.                                                  
               In a situation as the present one, wherein claims are                  
          rejected under both the first and second paragraphs of 35                   
          U.S.C. § 112, the definiteness of the claims are addressed                  
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