Ex parte SPENCER - Page 3



                                                                                                Page 3               
             Bagdigian                   2,569,217                         Sept. 25, 1951                            
             Seebeck et al. (Seebeck) 4,329,433                            May  11, 1982                             
             Powrie et al. (Powrie)      4,895,729                         Jan.   23, 1990                           
             Fath et al. (Fath)          5,128,160                         Jul.    07, 1992                          

             G. F. Doebbler et al., (Doebbler) “Inert Gas Interactions and Effects on Enzymatically                  
             Active Proteins,” 26  Federation Proceedings,  p.650, no.2, (Mar.-Apr. 1967).                           


                                                 THE REJECTIONS                                                      
             Claims 89 through 104 and 106 through 112 stand rejected under 35                                       
             U.S.C.                                                                                                  
             � 112, first paragraph, as the specification as originally filed does not provide                       
             support for the invention as now claimed.                                                               
             Claims 89 through 104 and 106 through 112 stand rejected 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.                       
             Claims 89 through 104 and 106 through 112 stand rejected under 35 U.S.C.                                
             � 103 as being unpatentable over Fath, and Powrie in view of Bagdigian, Doebbler and                    
             Seebeck.                                                                                                




             OPINION                                                                                                 
                    We have carefully considered all of the arguments advanced by appellants and                     
             the examiner and agree with appellants that the aforementioned rejections under 35                      
             U.S.C.                                                                                                  
             � 112 and 35 U.S.C. � 103 are not well founded.  Accordingly, we do not sustain                         
             these rejections.                                                                                       




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