The opinion in support of the decision being entered today was
not written for publication and is not binding precedent of the
Board.
Paper No. 36
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JOSE I. ARNO
__________
Appeal No. 2004-1937
Application No. 09/086,033
__________
ON BRIEF
__________
Before GARRIS, WALTZ, and DELMENDO, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
ON REQUEST FOR REHEARING
This is in response to a request, filed October 14, 2004,
for rehearing of our decision, mailed September 16, 2004, wherein
we affirmed the examiner’s written description rejection of all
appealed claims under the first paragraph of 35 U.S.C. 112.
In our decision, we agreed with the examiner that the
written description requirement was violated by the independent
claim limitation involving the maintenance of a pH level of about
1
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