Appeal No. 1998-0900
Application No. 08/290,047
over Hibino is reversed. The rejection of claims 1 - 4, 15, and 16 under 35 U.S.C. §
103 as unpatentable over the combination of Wagner, Heilmann, and Ishii is reversed.
This opinion includes a statement under 37 CFR § 1.196(c) authorizing the cancellation
of the phrase "substantially free of other enantiomers" which would overcome the
ground of rejection under 35 U.S.C. § 112, first and second paragraph.
Time Period for Response
A statement pursuant to 37 CFR § 1.196(c) has been made in this opinion. A
time period in which appellants may file an amendment for the purpose stated in
§ 1.196(c) in hereby set to expire TWO MONTHS FROM THE DATE OF THIS
DECISION.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED; 37 CFR § 1.196(c)
William F. Smith )
Administrative Patent Judge )
)
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