Appeal No. 1997-1551
Application No. 08/235,597
Pursuant to the provisions of 37 C.F.R. ' 1.196(b), we make the following new
grounds of rejection.
Claims 1-6 are rejected under 35 U.S.C. ' 112, second paragraph, as being
indefinite.
Claim 1, lines 8 and 9, recite Aa particle size range larger than approximately 1.0-
2.0 microns@, but it is unclear whether the particles are larger than 1.0 micron or 2.0
micron.7 Clarification is needed. For example, are particles having a size of 1.5 microns within or
without the claims?
Claim 1 does not have antecedent basis for Athe wet reagent@ found at line 16. The claim
recites Aa reagent@ at line 14, but clarification is needed as to whether Athe wet reagent@ of line 16 is
the same as the Areagent@ of line 14.
CONCLUSION
The rejections of claims 1-6 are reversed.
This decision contains a new ground of rejection pursuant to 37 C.F.R. ' 1.196(b)(amended
effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53, 131, 53, 197 (Oct. 10, 1997),
1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR ' 1.196(b)
provides that, AA new ground of rejection shall not be considered final for purposes of
judicial review.@
37 C.F.R. ' 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
7 Reference is made to lines 8 and 9 of claim 1 in the April 25, 1996 Amendment after Final Rejection.
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