Appeal No. 2006-1421
Application No. 10/434,397
scope with the claimed subject matter or fairly representative
of the disclosure of Lefebvre for reasons indicated by the
examiner at page 6 of the answer.
In addition, the Gwozdz "Declaration" is not in proper form
for a declaration under 37 CFR ' 1.132, the Federal Regulation
which the "Declaration" is most clearly associated with. See
MPEP ' 716 and ' 716.02(g). Also, the reported "Declaration"
data is presented as having been generated by an unnamed third
party company without furnishing a first hand account in
declaratory form as to the specific details of all of the tests
conducted, including the particle sizes and source of the iron
metal particles, the particular silane compound employed, the
substrate employed, specific molding conditions used, etc.
Thus, the informally presented information furnished in the
Gwozdz "Declaration" has not been fairly established by
appellants as being particularly persuasive in overcoming the
examiner=s rejections.
While I consider an appeal record that includes the Gwozdz
"Declaration," I reach the same conclusion as does the majority
as to the propriety of the examiner=s rejections. Accordingly,
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