Ex Parte ODORZYNSKI et al - Page 6





          Appeal No. 2001-0644                                                        
          Application No. 09/250,204                                                  


               In view of the above, we conclude that claims 52-113 do                
          define the metes and bounds of the claimed invention with a                 
          reasonable degree of precision and particularity.                           
                                     Conclusion                                       
               The decision of the examiner is reversed.                              


                                      REVERSED                                        

                                                                                     
                    LAWRENCE J. STAAB            )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOHN P. MCQUADE              )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
          JEFFREY V. NASE              )                                              
                    Administrative Patent Judge  )                                    
          LJS:hh                                                                      


          example, page 6, lines 4-5 (“ . . . here appellant [sic] has not            
          disclosed how to specifically make the invention.”), and page 6, lines      
          10-13 (“The claims are rejected because when one of ordinary skill in       
          the art looks to the specification to determine the scope of the            
          claims, there is nothing there to specifically describe how to make         
          appellants [sic, appellants’] claimed vapor permeable backsheet.”).         
          However, no rejection under 35 U.S.C. § 112, first paragraph, is            
          currently before for review.                                                
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