Ex parte VIRON - Page 1






                                          The opinion in support of the decision being entered today                                           
                                    was not written for publication and is not binding precedent of                                            
                                    the Board.                                                                                                 
                                                                                                    Paper No. 13                               

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                                                            _______________                                                                    

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                         AND INTERFERENCES                                                                     
                                                            _______________                                                                    

                                                         Ex parte ALAIN VIRON                                                                  
                                                             ______________                                                                    

                                                          Appeal No. 1997-1796                                                                 
                                                          Application 08/422,491                                                               
                                                            _______________                                                                    

                                                                 ON BRIEF                                                                      
                                                            _______________                                                                    

                Before GARRIS, WARREN and TIMM, Administrative Patent Judges.                                                                  

                WARREN, Administrative Patent Judge.                                                                                           
                                                     Decision on Appeal and Opinion                                                            
                         This is an appeal under 35 U.S.C.  134 from the decision of the examiner finally rejecting                           
                claims 1 through 12.1                                                                                                          
                         We have carefully considered the record before us, and based thereon, find that we cannot                             
                sustain any of the grounds of rejection advanced by the examiner in the answer.  With respect to the                           
                ground of rejection of the appealed claims under 35 U.S.C.  112, second paragraph (answer, page 3),                           
                we cannot agree with the examiner’s position that the introductory phrase “[i]n an extruder assembly”                          
                renders the appealed claims indefinite, because we find no basis in the plain language of the appealed                         
                claims, when interpreted in light of appellant’s specification as it would                                                     



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