Ex parte RIEGER et al. - Page 5




          Appeal No. 1996-2801                                                        
          Application 08/134,361                                                      



                    We refer to the brief and reply brief and to the                  
          answer for a complete exposition of the opposing viewpoints                 
          expressed by the appellants and by the examiner concerning the              
          above-noted rejections.                                                     
                    We cannot sustain any of the rejections advanced by               
          the examiner in this appeal.                                                
                    On page 6 of the brief, the appellants have                       
          responded to the examiner's aforequoted criticism under the                 
          second paragraph of  112 concerning "how "substantially free"              
          . . . is within the scope of the weight ratio . . . of not                  
          more than 0.10."  This response, in our view, fully and                     
          satisfactorily resolves the  112, second paragraph, criticism              
          raised by the examiner.  Although the examiner has clearly                  
          maintained the rejection under consideration (e.g., see the                 
          last paragraph on page 10 of the answer), she has given                     
          utterly no reason for being unpersuaded by the appellants'                  
          earlier-mentioned arguments on page 6 of the brief.                         
                    Under these circumstances, it is apparent that we                 
          cannot sustain the examiner's  112, second paragraph,                      
          rejection of claims 7 and 19 through 21.                                    

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