Appeal No. 1997-0569
Application No. 08/150,559
only those naturally occurring rock granules as a coating on a
man-made composition substrate, we will sustain the examiner's
rejection of claim 19 through 22 under 35 U.S.C. § 103.
To summarize, we note that the decision of the examiner
to reject product-by-process claims 7, 9, 11, 12, 13, 15 and
17 through 22 under 35 U.S.C. § 103 has been affirmed, while
the decision to reject method claims 1, 3, 5 and 6 under 35
U.S.C. § 103 has been reversed. The decision of the examiner
is, accordingly, affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under
37 CFR § 1.136(a).
AFFIRMED-IN-PART
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
14
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