Ex parte COLELLA et al. - Page 14




          Appeal No. 1997-1594                                                        
          Application No. 08/247,090                                                  

          The rejection of claim 5 under 35 U.S.C. § 112, second                      
          paragraph, as being indefinite for failing to particularly                  
          point out and distinctly claim the subject matter which                     
          applicant regards as the invention is reversed.                             
          The rejection of claims 1 through 14 and 26 through 30                      
          stand rejected under 35 U.S.C. 112, first paragraph, for lack               
          of enablement is reversed.                                                  
          The decision of the examiner is affirmed.                                   
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        




          Edward C. Kimlin                )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Terry J. Owens                  ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Paul Lieberman                     )                                   
                         Administrative Patent Judge     )                            

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