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Ex parte EHRET - Page 3

Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte EHRET - Page 3

          Appeal No. 96-0393                                                          
          Application 07/955,258                                                      


          Patent Application No. Sho 62[1987]-246999 or Japanese Kokai                
          Patent Application No. Hei 3[1991]-38503.                                   
                                      OPINION                                         
               On consideration of the record, we reverse each rejection              
          under 35 U.S.C. § 103.                                                      
               First, it is apparent that the statement of rejection set              
          forth in the Examiner's Answer, page 3, does not comply with                
          § 706.02(j) of the Manual of Patent Examining Procedure (6th ed.,           
          Rev. 3, July 1997).                                                         
               Second, we agree with the arguments succinctly stated by               
          appellants in their Appeal Brief, page 6, last paragraph, through           
          page 8, second full paragraph.                                              
               The examiner's decision is reversed.                                   
                                      REVERSED                                        


                      SHERMAN D. WINTERS                  )                           
                      Administrative Patent Judge         )                           
                                                          )                           
                                                          )                           
                                                          )                           
                      WILLIAM F. SMITH                    ) BOARD OF PATENT           
                      Administrative Patent Judge         )   APPEALS AND             
                                                          )  INTERFERENCES            
                                                          )                           
                                                          )                           
                      FRED E. McKELVEY                    )                           
                      Senior Administrative Patent Judge )                            



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