Ex Parte Jolly et al - Page 8

          Appeal No. 2003-0607                                                        
          Application 09/532,968                                                      



          discussed in connection with figure 3 (see Examiner’s Answer,               
          page 4, last paragraph).  See Specification, page 9, line 24-               
          page 10, line 12, which describes the cleaving process.                     
                    Accordingly, we find that the examiner has failed                 
          to establish a prima facie showing of lack of support under                 
          35 U.S.C. § 112, first paragraph, and the rejection of                      
          claims 1-8 is reversed.                                                     




                                      REVERSED                                        



                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         TERRY J. OWENS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         LINDA R. POTEATE              )                              
                         Administrative Patent Judge   )                              



          LRP:psb                                                                     
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