Ex Parte Jonderko et al - Page 11



          Appeal No. 2005-1247                                                        
          Application No. 09/963,423                                Page 11           

          present in the dispersions of the applied references, absent                
          concrete evidence establishing the obtention of a solid product             
          having particles of such sizes in the applied references, does              
          not support a finding of anticipation.  On this record, we                  
          reverse the examiner’s § 102 rejection.                                     

                                § 103(a) Rejection                                    
               Concerning the examiner’s § 103(a) rejection of dependent              
          claim 21, the examiner does not offer any further analysis of the           
          contested claimed particle size limitation explaining how Lange             
          in combination with any of the Reiff patents would have rendered            
          the claimed solid product including the particle size limitation            
          obvious to one of ordinary skill in the art.  It follows that we            
          shall also reverse the examiner’s obviousness rejection, on this            
          record.                                                                     














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