Ex parte SHOHER et al. - Page 5




          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  Next 

Last modified: November 3, 2007