Ex parte BERG - Page 9




          Appeal No. 98-2520                                                          
          Application 08/613,792                                                      



          establish commercial success of the claimed invention.                      
          However, in view  of our disposition of the obviousness                     
          rejections noted above, we find no need to review this                      
          declaration.                                                                





                    As should be apparent from the foregoing, we have                 
          refused to sustain any of the rejections before us on appeal.               
          Thus the decision of the examiner rejecting claims 1 through                
          4,  6 through 27 and 29 of the present application is                       
          reversed.                                                                   


                                      REVERSED                                        





                         CHARLES E. FRANKFORT         )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         JOHN P. McQUADE              )     APPEALS AND               
                                          9                                           





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