Appeal No. 2001-0236 4
Application No. 08/985,760
another embodiment wherein similar extrudates are free of filler. In support of our finding,
although, the specification is replete with a discussion of the addition of filler to other
embodiments of the invention, in the portions of the specification relied upon by
appellants, and directed to a discussion of Figures 5 through 7, pages 18 through 24,
there is no suggestion or teaching that filler is added to the base layer.
Based upon the above findings and consideration, the rejection of the claimed
subject matter by the examiner under the first paragraph of 35 U.S.C. § 112 is not
sustained.
DECISION
The rejection of claims 54 through 60, 62 through 69, 71 through 77, 79 through
85 and 87 through 89 under 35 U. S. C. § 112, first paragraph, as containing subject
matter which was not described in the specification in such a way as to reasonably convey
to one skilled in the relevant art that the inventors, at the time the application was filed,
had possession of the claimed invention is reversed.
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