Ex parte VON SCHWARZENFELD - Page 5




          Appeal No. 97-0275                                                          
          Application 08/373,192                                                      


          Birchill-Ljungstrom combination, the appellant’s position (see              
          pages 6 through 11 in the brief, Paper No. 17) that the combined            
          teachings of these references would not have suggested the                  
          subject matter recited in claim 23, and in claims 12 through 14             
          which depend therefrom, is persuasive.  Accordingly, we shall not           
          sustain the standing 35 U.S.C. § 103 rejection of these claims.             
               The decision of the examiner is reversed.                              


                                      REVERSED                                        



                         IAN A. CALVERT                )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         NEAL E. ABRAMS                ) BOARD OF PATENT              
                         Administrative Patent Judge   ) APPEALS AND                  
                                                      ) INTERFERENCES                
                                                      )                              
                                                      )                              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )                              








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