Ex parte DYE et al. - Page 3




          Appeal No. 1998-2257                                                        
          Application 08/692,310                                                      


          Reuben D. Rieke, (Rieke) “Preparation of Organometallic                     
          Compounds from Highly Reactive Metal Powders”, 246 Science                  
          1260-64 (1989).                                                             
                                   THE REJECTIONS                                     
               Claims 32 and 37-39 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 the appellants regard as the invention.  The claims                   
          stand rejected under 35 U.S.C. § 103 as follows: claims 32 and              
          37-39 over Rieke in view of Dye ‘180 or the Dye article,                    
          further in view of Kilner and Nakajima; claims 32 and 37 over               
          Ballas in view of Nakajima; claims 32 and 38 over Sinfelt in                
          view of Nakajima; claims 32 and 39 over Goretta in view of                  
          Nakajima; claims 32 and 37-39 over Bogdanovic in view of                    
          Sedlak and Nakajima; claims 32 and 37-39 over Bushy in view of              
          Nakajima; and claims 32 and 37-39 over McCormick in view of                 
          Nakajima.                                                                   
                                       OPINION                                        
               We reverse the aforementioned rejections.  We need to                  
          address only claim 32.                                                      
                 Rejection under 35 U.S.C. § 112, second paragraph                    


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