Ex Parte Zhao et al - Page 17




                  Appeal No. 2003-0667                                                                                        Page 17                     
                  Application No. 09/514,699                                                                                                              

                           the reclaimed developer cake can be kept separated from the second liquid                                                      
                           developer until the solids content of the second liquid developer drops below, for                                             
                           example, from about 6 to about 10 weight percent...                                                                            

                           I observe no inconsistency between the phrases in the specification and claim 10.  I                                           
                  observe that the majority has not demonstrated that claim 10 is indefinite or contains any subject                                      
                  matter contrary to what the appellants regard as their invention.   Accordingly, I cannot agree                                         
                  with the majority’s position that claim 10 violates the requirements of the second paragraph of                                         
                  35 U.S.C. § 112.                                                                                                                        






                                    CHUNG K. PAK                                 )   BOARD OF PATENT                                                      
                                    Administrative Patent Judge                  )        APPEALS                                                         
                                                                                 )          AND                                                           
                                                                                 ) INTERFERENCES                                                          





















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