Ex parte WERNER et al. - Page 3




         Appeal No. 1998-1146                                      Page 3          
         Application No. 08/410,177                                                


              The prior art references of record relied upon by the                
         examiner in rejecting the appealed claims are:                            
         Comelli et al. (Comelli), "Liquid Phase Excess Enthalpies for             
         the Binary Systems of 1,3-Dioxolane with n-Pentane, 3-                    
         Methylpentane, or Methylcyclopentane," J. Chem. Eng. Data.,               
         35, 283-84 (1990).                                                        
         Inglese et al. (Inglese), "Thermodynamics of binary mixtures              
         containing cyclic ethers 2.  Excess enthalpies of oxolane,                
         1,3-dioxolane, oxane, 1, 3-dioxane, and 1, 4-dioxane with                 
         cycloalkanes," J. Chem. Thermodynamics, 12, 1047-1050 (1980).             
              Claims 1, 2, 4-6 and 8-10 stand rejected under 35 U.S.C.             
         § 112, second paragraph as being indefinite for failing to                
         particularly point out and distinctly claim the subject matter            
         which applicant regards as the invention.  Claims 1, 2, 5 and             
         9 stand rejected under 35 U.S.C. § 102 as anticipated by                  
         Comelli. Claims 1 and 2 stand rejected under 35 U.S.C. § 102              
         as anticipated by Inglese.                                                
              Since appellants do not argue any of the claims                      
         separately as they are grouped with respect to each of the                
         above-noted grounds of rejection (brief, page 3), our focus               
         here is primarily limited to the application of each separate             







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