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 )
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