Appeal No. 2006-0340
Application No. 10/089,315
discloses an antifouling alloy that can be made from zinc and
copper (see column 1, lines 41-56).
In conclusion, the examiner's § 112, first paragraph
rejection is reversed, whereas the examiner's § 103 rejections
are affirmed for the reasons set forth in the Answer.
Accordingly, the examiner's decision rejecting the appealed
claims is affirmed-in-part. The application is remanded to the
examiner to consider a rejection of claim 27 under 35 U.S.C.
§ 103.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a)(1)(iv) (effective Sep. 13, 2004; 69 Fed. Reg. 49960
(Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sep. 7, 2004)).
AFFIRMED-IN-PART AND REMANDED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
THOMAS A. WALTZ )
Administrative Patent Judge )
ECK:clm
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