Appeal No. 1998-1635
Application No. 08/470,596
Answer, page 4). We disagree. The specification discloses that mixed resonance
occurs under conditions similar to ECR except the pressure is elevated 102-105
times. The specification also discloses the pressure can range from 1 to 800 Torr.
(See specification page 2, lines 18-20, page 4 lines 19-23 ). Thus, the specification
sets forth the conditions required to establish “mixed resonance.” Accordingly, we
reverse the Examiner’s decision rejecting claims 27 and 31 under 35 U.S.C. § 112,
second paragraph.
The Examiner has rejected claim 43 under 35 U.S.C. § 112, second
paragraph. According to the Examiner:
As claim 43 (line 6) still only reads on “the microwave” (singular),
hence “the microwave” lacks proper antecedent basis, as all other
analogous terms have been made plural in the after final amendments.
(Examiner’s Answer, page 3)
On this record, there simply is no explanation on the part of the Examiner why the
metes and bounds of the claims are not set forth with “a reasonable degree of
precision and particularity”. The microwaves of claim 43 have a frequency of
2.45 GHz. The occurrence of “microwave” on line 6 refers to the frequency at
which the microwaves are emitted. Accordingly, we reverse the Examiner’s
decision rejecting claims 43 under 35 U.S.C. § 112, second paragraph.
B. The 35 U.S.C. § 103(a) rejection of claims 24, 25, 27 to
32, 34, 35, 37, 38, 39 and 41 to 48.
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