Appeal No. 2003-1608 Page 6
Application No. 08/425,716
U.S.C. § 112, first paragraph, as being based on an insufficient disclosure to
support or enable the claimed invention.
Furthermore, since the issue and evidence of record in this appeal is
exactly the same as the issue and evidence of record in Appeal No. 1999-1361
we affirm the rejection of claims 26, 31, 35, 36 and 43 on the grounds of res
judicata.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
)
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
WILLIAM F. SMITH )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
DONALD E. ADAMS )
Administrative Patent Judge )
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