Appeal No. 1997-1536
Application 08/342,817
invention that fall within the range claimed by U.S. Patent
No. 5,356,849." On page 11 of their brief, appellants express
their willingness to file the necessary terminal disclaimer
"upon an indication of allowability with respect to Claim 10
and 11."
We consider appellants' expressed willingness to file the
necessary terminal disclaimer coupled with their admission
that the carbonaceous chars produced by the claimed process
fall within the range of the carbonaceous chars produced by
Matviya to be a concession of the propriety of the examiner's
rejection. Since, on this record, no terminal disclaimer has
been filed we shall, pro forma, affirm the examiner's
rejection.
OTHER ISSUES
In Paper Number 10, filed on November 27, 1996,
appellants filed a notice that they had filed a continuation-
in-part of this application. That application, Serial Number
08/757,212, filed on November 27, 1996, has matured to U.S.
Patent Number 5,827,795, issued on October 27, 1998. All the
claims in said process are claims to a process for preparing
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