Appeal 97-1939
Application 08/375,049
optional excipients" (emphasis added). On the other hand, the
specification describes a coating "free of organic solvents,
detackifiers, glidants, and antifoam agents" (emphasis added;
page 3, lines 15-16). In fact, the specification seems to
state that excipients "may or may not be present" (page 4,
line 17). Accordingly, there is a question of whether the
invention, as presently claimed, is described in the
specification as required by the first paragraph of 35 U.S.C.
§ 112. The examiner and applicants may wish to look into the
matter when prosecution resumes before the examiner.
REVERSED.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
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