Ex parte GOTOH - Page 5




          Appeal No. 96-3440                                                          
          Application 08/261,613                                                      









               Because we are unable to identify how the prior art                    
          suggested the desirability of the modification as required by               
          In re Fritch, the rejection will not be sustained.                          


                                     CONCLUSION                                       
               The rejection of Claims 2 and 7-9 is not sustained.                    


                                      REVERSED                                        




                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JAMES T. CARMICHAEL           )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                                                       )                              
                         JOSEPH F. RUGGIERO            )                              

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