Appeal No. 96-3486
Application No. 08/291,565
substrate and porous layer, it does not include every
limitation of the basic claim.
Claims 15 and 29 are rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite.
“The gas” in claim 15 lacks antecedent basis in
claim 1. A mistake in claim dependency is probably the
reason. See claim 14.
Claim 29 is incomplete. The phrase in question
reads “the atomized free to form.” The specification
would support inserting “flowing powder” after the word
“free.”
This decision contains new grounds of rejection
pursuant to 37 CFR § 1.196(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)). 37 CFR § 1.196(b) provides
that “[a] new ground of rejection shall not be considered
final for purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant,
WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must
exercise one of the following two options with respect to
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