Appeal No. 1997-0646
Application 08/383,667
stabilizer for thermodynamically stabilizing said first
plurality of partcles and said second plurality of particles,
wherein said stabilizer is selected from the group consisting
of homopolymers, copolymers, graft polymers, block polymers,
and natural high molecular weight compounds.
THE REFERENCE2
Carter et al. (Carter) 4,093,534 Jun. 6,
1978
THE REJECTIONS
Claim 1 stands rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter which
appellants regard as their invention. Claims 1, 3, 5-13, 15,
22-26 and 28 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Carter.
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
2 The examiner refers to disclosures in Chang
(U.S. 4,285,801) and Müller et al. (U.S. 4,298,448)
(answer, pages 6 and 10-13). These references are not
included in the statement of the rejection and, therefore, are
not properly before us. See In re Hoch, 428 F.2d 1341, 1342
n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
3
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