Appeal No. 1997-2937
Application No. 08/420,562
OTHER ISSUES
Although claim 19 is not before us on appeal, we note
that claim 19 is an improper dependent claim (see 35 U.S.C. §
112, ¶4) since the value of x in independent claim 11 is
between 0 and 0.2 while the value of x in claim 19 is 1.0.
Compare the formula of the phosphor in claim 11 with the
formula of the phosphor in claim 19 (see the specification,
pages 4, 5 and 20). This inconsistency should be explained
and/or corrected upon the return of this application to the
jurisdiction of the examiner.
REVERSED
)
CHUNG K. PAK )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
THOMAS A. WALTZ )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MICHAEL P. TIERNEY )
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