Ex parte FITZGERALD et al. - Page 9




            Appeal No. 95-3161                                                                          
            Application 08/090,921                                                                      


            thereof, must be placed below the flipper mechanism.  That,                                 
            however, the examiner has not shown to be so in Tamachi.                                    
                  For the foregoing reasons, we do not sustain the                                      
            rejection of claims 1, 5 and 9 as being unpatentable over                                   
            Tamachi and Taylor.                                                                         
                                             Conclusion                                                 
                  The rejection of claims 1, 5 and 9 under 35 U.S.C. § 112,                             
            second paragraph, as being indefinite is reversed.                                          












                  The rejection of claims 1, 5 and 9 under 35 U.S.C. § 103                              
            as being unpatentable over Tamachi and Taylor is reversed.                                  


                                               REVERSED                                                 




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