Ex parte SHIBAN et al. - Page 3




                     Appeal No.  1996-1141                                                                                                                                             
                     Application 08/109,166                                                                                                                                            


                                introducing a second flow of a second gas mixture comprising said pyrophoric gas                                                                       
                     into said chamber through a second inlet; and,                                                                                                                    
                                combining said first and said second flows to create a third flow of a third gas                                                                       
                     mixture comprising said first and said second gas mixtures, wherein said third undergoes                                                                          
                     a change in direction of approximately 90° or more.                                                                                                               
                                The references relied upon by the appellants are:                                                                                                      
                     Soneta et al (Soneta)                        4,555,389                                  Nov. 26, 1985                                                             
                     Shaw                                                 3,880,594                                  Apr.  29, 1975                                                    
                     Coldren et al. (Coldren)                     3,112,988                                  Dec. 03, 1963                                                             
                     THE REJECTIONS                                                                                                                                                    
                                I.   Claims 30-39 stand rejected under 35 U.S.C § 112,  first paragraph, as                                                                            
                                lacking an adequate written description.                                                                                                               
                                II.  Claims 24 and 25 stand rejected under 35 U.S.C. § 112, second                                                                                     
                                paragraph, for failing to particularly point out and distinctly claim the subject                                                                      
                                                                                                            2                                                                          
                                matter which appellants claim as their invention.                                                                                                      
                                III.  Claims 20-29 stand rejected under 35 U.S.C. § 103 as being                                                                                       
                                unpatentable over Soneta and Coldren.                                                                                                                  
                                IV.  Claims 20-39 stand rejected under 35 U.S.C. § 103 as being                                                                                        
                                unpatentable over Soneta, Coldren and Shaw.3                                                                                                           

                                2 The appellants in their Brief, page 7, state that one of the issues on appeal is                                                                     
                     “[W]hether claims 20-29, 31, 33, 35, and 37 are unpatentable under 35 U.S.C. §112,                                                                                
                     second paragraph, ...”.  The examiner corrects appellants’ statement to reflect that only                                                                         
                     claims 24 and 25 are rejected under 112, 2nd paragraph (answer, page 2).                                                                                          
                                3 The appellants in their Brief, page 7, state that an issue for appeal is                                                                             
                     “[W]hether claims 30-39 are unpatentable over 35 U.S.C. § 103 as being unpatentable                                                                               
                     over Soneta et al in view of Coldren et al and further in view of Shaw.”  The Examiner                                                                            
                     corrects the appellants statement indicating that claims 20-39 are under rejection (answer,                                                                       
                     page 2); see also final rejection (Paper No. 8).                                                                                                                  
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