Ex parte SOMMERFELD et al. - Page 9




          Appeal No. 95-3734                                                          
          Application No. 08/043,620                                                  


          paragraph, or of indefiniteness under 35 U.S.C. § 112, second               
          paragraph, we find it unnecessary to discuss the Supplemental               
          Schadt Declaration executed February 4, 1993.  That declaration             
          was offered to rebut any such prima facie case.                             
               The examiner's decision rejecting claims 1 through 23, 40              
          through 42, and 99 on prior art and non-prior art grounds is                
          reversed.                                                                   
                                      REVERSED                                        


                         SHERMAN D. WINTERS            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         ELIZABETH C. WEIMAR           )                              
                         Administrative Patent Judge   )                              












                                         -9-                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007