Ex Parte PORUBEK et al - Page 9



                  Appeal No. 2001-1101                                                                                        Page 9                      
                  Application No. 08/932,834                                                                                                              
                                                                     Conclusion                                                                           
                           In conclusion, for reasons set forth in the body of this opinion, we sustain the                                               
                  examiner's rejection of claims 1, 2, 4, 6, 7, 9, 10, 12, 13, 15, 16, 18 through 21, and 23                                              
                  through 27 under 35 U.S.C. § 112, second paragraph.                                                                                     
                           We do not reach the merits of the "how to use" rejection under 35 U.S.C. § 112,                                                
                  first paragraph, with respect to claims 1, 2, 4, 6, 7, 9, 10, 12, 13, 15, 16, 18 through 21,                                            
                  and 23 through 27.                                                                                                                      
                           We do not sustain the examiner's rejection of claim 14 under 35 U.S.C. § 112,                                                  
                  first paragraph.                                                                                                                        
                           The examiner's decision is affirmed-in-part.                                                                                   
                           No time period for taking any subsequent action in connection with this appeal                                                 
                  may be extended under 37 CFR § 1.136(a).                                                                                                
                                                              AFFIRMED-IN-PART                                                                            




                                                                                          )                                                               
                                                      Sherman D. Winters                           )                                                      
                                                      Administrative Patent Judge                  )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                                      William F. Smith                             )                                                      
                                                      Administrative Patent Judge                  )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                      Lora M. Green                                )                                                      
                                                      Administrative Patent Judge                  )                                                      








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