Appeal No. 2001-1879
Application No. 08/919,448
compositions of Horowitz ‘811, which contain a polyurethane and a
peroxide have the lowest values for abrasion resistance of the
three compositions tested. As for the compositing of Horowitz
‘811 having no filler, a filler is used in the inferior
compositions of Horowitz ‘955.
The additional references cited by the examiner,
Hockensmith, Ferch and the Encyclopedia of Chemical Technology,
do not remedy the deficiencies of the combined teachings of
Horowitz ‘955 and Horowitz ‘811 discussed above.
Claims 10-12 stand finally rejected under 35 U.S.C. § 112,
second paragraph, because they are dependent upon claim 9, which
has been withdrawn from consideration. Manifestly, the claims
are not in proper format. However, the proper course of action
for the examiner is to lodge an objection under 37 § CFR 1.75(c).
Ex parte Porter, 25 USPQ2d 1144, 1147 (Bd. of Pat. Apps. and Int.
1992). See also MPEP § 608.01(n). Accordingly, we will not
sustain the examiner’s rejection under § 112, second paragraph.
We trust that claims 10-12 will be rewritten in proper dependent
form before any issuance.
Appellants have also traversed the examiner’s objection to
claims 15 and 16 under 37 CFR § 1.75(c) as failing to further
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