Ex parte SODA et al. - Page 2







             particles and a collision target to form spherical particles having an average                       
             particle size no greater than 25 m and a tap density ratio of from 50 - 60%.                        
                                        THE REFERENCES OF RECORD                                                  

                                                                                                                 









                                               THE REJECTIONS                                                     
             Claim 1 stands rejected under 35 U.S.C.  102(b) as being anticipated by Kiyota.                     
             Claims 2 through 6 stand rejected under 35 U.S.C.  103(a) as being                                  
             unpatentable over Kiyota in view of the admitted prior art and Klein.                                
                                                   OPINION                                                        
                    We have carefully considered all of the arguments advanced by appellants and                  
             the examiner and agree with the appellants that the aforementioned rejection under                   
             35 U.S.C.  103(a) of claims 2 and 4 through 6 is not well founded.  Accordingly,                    
             we will not sustain these rejections.  We agree with the examiner that the rejection of              
             claim 1 under 35 U.S.C.  102(b) and claim 3 under 35 U.S.C.  103(a) is well                        
             founded.  Accordingly, we will sustain these rejections.                                             
             As an initial matter, appellants state that the claims do not all stand or fall                      
             together.  Appellants argue for the separate patentability of claims 1 and 3, 2 and 5,               
             and 4 and 6.  See Brief, pages 2 and 3.  Accordingly, we select claims 1 and 2, the                  

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