Ex parte SMITH et al. - Page 2




                 Appeal No. 1998-1382                                                                                                                   
                 Application No. 08/330,717                                                                                                             


                 other claims pending in the application, are indicated as                                                                              
                 allowable if rewritten in independent form.   (Final Office                  2                                                         
                 action, page 10; advisory action; appeal brief, page 3.)                                                                               
                          Claims 1, 21, 32, 34, 36, and 38, which are all the                                                                           
                 independent claims, are reproduced below:                                                                                              
                                   1.  A multi-layer, flexible, gas-permeable film                                                                      
                          suitable for forming a cell culture container, the                                                                            
                          film comprising:                                                                                                              
                                   a first layer composed of a polystyrene having a                                                                     
                          thickness within the range of 0.0001 inches to about                                                                          
                          0.0010 inches, the first layer defining an inner                                                                              
                          cell growth surface; and,                                                                                                     
                                   a second outer layer adhered to the first layer                                                                      
                          composed of a polymer alloy blend having multiple                                                                             
                          components, the second layer having a thickness                                                                               
                          within the range of 0.004 inches to about 0.015                                                                               
                          inches.                                                                                                                       
                                   21.  A multi-layer, flexible, gas-permeable film                                                                     
                          suitable for forming a cell culture container, the                                                                            
                          film comprising:                                                                                                              
                                   a first layer composed of a polystyrene having a                                                                     
                          thickness within the range of 0.0001 inches to about                                                                          
                          0.0010 inches, the first layer defining a cell                                                                                
                          growth surface;                                                                                                               

                 indicated in an advisory action mailed December 19, 1996 that                                                                          
                 these amendments will be entered upon the filing of a notice                                                                           
                 of appeal and appeal brief.  (Paper 14.)                                                                                               
                          2Contrary to the appellants’ statement regarding the                                                                          
                 claims on appeal (appeal brief, page 3), our jurisdiction                                                                              
                 under 35 U.S.C. § 134 is limited to rejections of claims.                                                                              
                 Accordingly, claims 9, 10, 28, 29, 43, and 44 are not involved                                                                         
                 in this appeal.                                                                                                                        
                                                                           2                                                                            





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