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Ex parte FLAVIO M. MANDULEY et al. - Page 6

Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte FLAVIO M. MANDULEY et al. - Page 6

          Appeal No. 95-3433                                                          
          Application No. 07/812,982                                                  


          carrier rates in Sharpe are the teachings referred to by the                
          examiner in the rejection.  Even if we assume for the sake of               
          argument that it would have been obvious to one of ordinary skill           
          in the art to use carrier rates in the Haines meter in lieu of              
          postal rates, the Haines system would still reconfigure the meter           
          for operation with other external devices, and not for enabling             
          access to other postal/carrier rates.  The obviousness rejection            
          is reversed.                                                                
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through 19             
          under 35 U.S.C. § 103 is reversed.                                          
          REVERSED                                                                    



                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JERRY SMITH                  )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JAMES T. CARMICHAEL          )                                    
                    Administrative Patent Judge  )                                    
          PITNEY BOWES INC.                                                           
          Intellectual Property & Technology Law Dept.                                
          35 Waterview Drive                                                          
          Shelton, CT 06484-8000                                                      
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