Ex Parte Fergione et al - Page 3



                  Appeal 2007-1082                                                                                           
                  Application 10/327,383                                                                                     
             1    on Provisional Applications filed (1) 17 December 2001, (2) 21 November                                    
             2    2001 and (3) 18 October 2001.                                                                              
             3           In this appeal, appellants have not attempted to antedate Singer or                                 
             4    Tenengauzer.  Accordingly, for the purpose of this appeal, Singer and                                      
             5    Tenengauzer are prior art.                                                                                 
             6                                                                                                               
             7           B.  Record on appeal                                                                                
             8           In deciding this appeal, we have considered only the following                                      
             9    documents:                                                                                                 
           10                    1.  Specification, including original claims.                                               
           11                    2.  Final Rejection entered 30 March 2006                                                   
           12                    3.  The Appeal Brief filed 4 October 2006                                                   
           13                    4.  The Examiner’s Answer filed 17 October 2006                                             
           14                    5.  Tenengauzer                                                                             
           15                    6.  Curatolo                                                                                
           16                    7.  Singer                                                                                  
           17                    8.  PTO bibliographic data sheet for the application on appeal                              
           18                    9.  Rouhi, The Right Stuff, 18 Chemical and Engineering News                                
           19     26-33 (Feb. 23, 2003), a copy of which appears in the Evidence Appendix of                                 
           20     the Appeal Brief.                                                                                          
           21            10.   Claims 1, 3-4, 7-9, 11, 13-23, 25-26 and 28 on appeal.                                        







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