The opinion in support of the decision being entered today was not written for publication and
is not binding precedent of the Board.
Paper No. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MALATHY NAIR, JAMES W. GEOFFRION,
and MARK A. KOOYMAN
____________
Appeal No. 2001-0901
Application No. 08/937,297
____________
ON BRIEF
____________
Before GARRIS, WALTZ and TIMM, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the Examiner's refusal to allow claims 1-9
and 13-14 . Claims 10-12 and 15-30 have been canceled.1
1Before any allowance of this application, the specification should be amended to provide
explicit antecedent basis for the claim temperature range of “about 2 to 15 C” set out in original claim o
2. The specification appears to only provide antecedent basis for “temperatures of 0 to
o o
10 C, preferably 2 to 7 C” (i.e., at page 9 lines 26-27). See 37 CFR §1.75(d)(1) and Manual of
Patent Examining Procedure (MPEP) § 608.01(o)(8th ed. Aug. 2001).
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