Appeal No. 1997-1750
Application No. 08/524,024
that the declarant, Dr. Schwager, fails to characterize the
declaration results as unexpected especially in light of the
Kerth disclosure. As for the Declaration's showing that the
instant process "may be carried out for a longer period before
it must be stopped for a reactor shutdown" (page 7 of
principal brief), we find that the examiner has adequately
addressed this point in the paragraph bridging pages 7 and 8
of the Answer. Furthermore, appellants have not addressed the
examiner's reasonable criticism that the declaration data is
not commensurate in scope with the degree of protection sought
by the appealed claims.
In conclusion, based on the foregoing and the reasons
well-stated by the examiner, the examiner's decision rejecting
the appealed claims 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 )
)
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