Ex parte TAKAI et al. - Page 6




          Appeal No. 97-1426                                                          
          Application 08/380,125                                                      



          width of the second housing portion, and with the first sides               
          of the housings of at least two roll stands being arranged in               
          confronting relationship, as explicitly set forth in claim 4.               
          Since the evidence of obviousness is lacking, as indicated,                 
          the rejection of claim 4 under 35 U.S.C. § 103 must be                      
          reversed.                                                                   
                    In summary, this panel of the board has:                          
                    reversed the rejection of claim 4 under 35 U.S.C.                 
          § 112, second paragraph, as being indefinite; and                           
                    reversed the rejection of claim 4 under 35 U.S.C. §               
          103 as being unpatentable over Japan '204 in view of Matsuo.                
                    The decision of the examiner is reversed.                         
                                      REVERSED                                        



                    HARRISON E. McCANDLISH              )                             
                    Senior Administrative Patent Judge  )                             
                                             )                                        
                                             )                                        
                                             )   BOARD OF                             
          PATENT                                                                      
                    IRWIN CHARLES COHEN                 )     APPEALS                 
          AND                                                                         
                    Administrative Patent Judge         )                             
          INTERFERENCES                                                               
                                             )                                        
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