Ex parte NGUYEN - Page 11




          Appeal 97-1804                                                              
          Application 08/329,042                                                      

                         b.   With respect to Dr. Nguyen's opinion that               
          OPC's made in accordance with Example 1 would invariably be                 
          continuous, non-porous (Finding 30), the examiner notes the                 
          lack of "objective evidence to support *** [Dr. Nguyen's]                   
          conclusion" (Examiner's Answer, page 7).                                    
                         c.   With respect to Dr. Nguyen's opinion that a             
          necessary feature of an organic photoconductor layer is that                
          it be non-porous because pores in the layer will adversely                  
          affect electrical charged acceptance and retention (Finding                 
          28), the examiner noted that applicant "is claiming a layer                 
          not a photoconductor" (Examiner's Answer, page 9).                          

                                        Hens                                          
                    35. Hens describes an invention which relates to                  
          a method and binder for use in the fabrication of metal,                    
          ceramic, or intermetallic articles from powder particles                    
          (col. 1, lines 6-8).                                                        
                    36. Specifically, Hens describes a new and improved               
          binder (col. 1, lines 32-33).                                               
                    37. The binder is mixed with powder and is                        
          thereafter molded to form a compact (col. 1, lines 43-44).                  


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