Appeal No. 1998-0239 Application No. 08/279,907 was presented regarding claim 4 and the question as to which particles are encompassed by 'the particles' as recited at the end of claim 4." Accordingly, since the examiner's rejection is reasonable on its face, and has not been rebutted by appellants, it will be sustained. In conclusion, based on the foregoing, the examiner's rejection of claims 1-3 and 5-12 is reversed. The examiner's rejection of claim 4 is affirmed. The examiner's decision rejecting the appealed claims is affirmed-in-part. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). AFFIRMED-IN-PART EDWARD C. KIMLIN ) Administrative Patent Judge ) ) ) ) ) CHUNG K. PAK ) BOARD OF PATENT Administrative Patent Judge ) APPEALS AND ) INTERFERENCES ) ) ) ROMULO H. DELMENDO ) -5-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007