Appeal No. 96-0982
Application 08/163,812
that the apparatus of claim 8 is inherently present in the
Larson device. The examiner’s position is nothing more than a
statement that the structure of Larson is capable of achieving
the result desired by appellants’ invention, but the examiner
has failed to demonstrate that the result in Larson is
achieved by inherently using the specific structure recited in
claim 8.
For all the reasons discussed above, the examiner’s
rejection of claim 8 under 35 U.S.C. § 102 is reversed.
REVERSED
)
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LEE E. BARRETT )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MICHAEL R. FLEMING )
Administrative Patent Judge )
8
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