Ex Parte RIVERA et al - Page 3




          Appeal No. 2002-1799                                       Page 3           
          Application No. 09/353,592                                                  



               Claims 1-30 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Leung.                                                    
               We refer to the briefs and to the answer for a complete                
          exposition of the opposing viewpoints expressed by appellants and           
          the examiner concerning the issues before us on this appeal.                
                                       OPINION                                        
               Having carefully considered each of appellants’ arguments              
          for patentability as set forth in the briefs, appellants have not           
          persuaded us of reversible error on the part of the examiner.               
          Accordingly, we will affirm the examiner’s rejection as set forth           
          in the answer.  We add the following for emphasis.                          
               The applicator of representative claim 1 requires that a               
          rate modifier is disposed on an outer surface of the inner                  
          container while a polymerizable or cross-linkable material is               
          located inside the inner container.                                         
               Appellants’ acknowledge at page 5 of their brief that the              
          applicator of figure 3 of Leung includes an outer container                 














Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007