Ex Parte HUMMEL - Page 13



          Appeal No. 1997-0144                                                        
          Application No. 08/424,223                                                  

          scope of enablement provided to one skilled in the art by the               
          disclosure is not commensurate with the scope of protection                 
          sought by the claims, see particularly, MPEP  2164.08.  While              
          the disclosure indicates that VECTRAN M has a tenacity in the               
          claimed range and a high cut resistance, we see nothing in the              
          disclosure that would convey to one skilled in the art that all             
          liquid crystal polymer fibers having a tenacity of no more than             
          10 grams per denier, as set forth in the claims on appeal, would            
          have such characteristics and function in a similar manner.                 

               This decision contains a new ground of rejection pursuant to           
          37 CFR  1.196(b).  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 the new ground of                 
          rejection to avoid termination of proceedings (37 CFR  1.197(c))           
          as to the rejected claims:                                                  
                                                                                     
               (1)  Submit an appropriate amendment of the claims                     
                                         13                                           




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007