Ex Parte YIN et al - Page 9


              Appeal No. 2001-2443                                                                                           
              Application 09/108,541                                                                                         
              initial stage EO or EOP extraction.  These essential steps in the claims are not discussed                     
              by the Examiner, nor are they apparent from a review of the references.                                        
                      Accordingly, we reverse this rejection.                                                                
              The Rejection of Claims 2-4, 6, 10, 15, 16, and 19-24 Under 35 U.S.C. §103(a)                                  
                      Claims 2-4, 6, 10, 15, 16, 19-24 are rejected under 35 U.S.C. §103(a) as being                         
              unpatentable over Maples in view of Carles or Ibister with or without Li, further in view of                   
              Farley.                                                                                                        
                      As the Farley reference does not correct the deficiencies of the rejection above,                      
              we reverse this rejection for the same reasons noted above.                                                    
              The Rejection of Claims 5 and 14 Under 35 U.S.C. §103(a)                                                       
                      Claims 5 and 14 stand rejected under 35 U.S.C. §103(a) as being unpatentable                           
              over Maples in view of Carles or Ibister with or without Li, further in view of Samuelson.                     
                      As the Samuelson reference does not correct the deficiencies of the first rejection                    
              discussed above, we reverse this rejection for the same reasons noted in the discussion                        
              of the first rejection above.                                                                                  
                                                      Summary of Decision                                                    
                      The rejection of claims 1-24 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 Applicants regard as the invention, is reversed.                                                           
                      The rejection of claims 1, 7, 8, 9, 11-13, 17, and 18 under 35 U.S.C. §103(a) as                       
              being unpatentable over Maples in view of Carles or Ibister with or without Li is                              
              reversed.                                                                                                      




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