Ex Parte Nakamura et al - Page 6

                 Appeal 2007-0889                                                                                      
                 Application 09/935,668                                                                                
                 Accordingly, we concur with the Examiner that the original Specification                              
                 does not convey to one of ordinary skill in the art the concept that the subject                      
                 matter of claims 19 and 22, which includes second polyester resins having a                           
                 Tsp of 110ēC, is part of the present invention.                                                       
                        In conclusion, based on the foregoing, the Examiner's § 112 rejection                          
                 of claims 19 and 22 is sustained, but the Examiner's § 112 rejection of                               
                 claims 1, 3-5, 7-11, 13, 14, 18, 20, and 21 is reversed.  The Examiner's                              
                 decision rejecting the appealed claims is affirmed-in-part.                                           
                        No time period for taking any subsequent action in connection with                             
                 this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.                            
                 13, 2004).                                                                                            
                                              AFFIRMED-IN-PART                                                         




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