Appeal No. 96-3741
Application No. 08/177,288
Fronheiser 4,835,021 May 30, 1989
German patent 4 316 402 Nov. 24, 1994
(German ‘402)
(Research Disclosure), “Manufacturing of solvent-based image-
forming materials,” Research Disclosure, pp. 111-117 (1992).
All of the appealed claims are rejected under the second
paragraph of 35 U.S.C. § 112 for failing to particularly point
out and distinctly claim the subject matter which the
appellants regard as their invention.
Claim 6 stands finally rejected under 35 U.S.C. § 102(b)
as being anticipated by German ‘402.2
Claims 3, 12 and 14 stand finally rejected under 35
U.S.C.
§ 103 as being unpatentable over German ‘402.3
Claim 15 stands finally rejected under 35 U.S.C. § 103 as
being unpatentable over German ‘402 in view of Fronheiser.
2By an apparently inadvertent error, the examiner in her
answer has included claim 14 in this rejection. We will
consider this rejection to not include claim 14 in order to be
consistent with the final rejection.
3Again by an apparently inadvertent error, the examiner
in her answer has excluded claim 12 and included claim 15 in
this rejection. We will consider the rejection to include
claims 3, 12 and 14 as noted above in order to be consistent
with the final rejection.
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