Ex parte BRODY - Page 9




               Appeal No. 1999-0647                                                                         Page 9                 
               Application No. 08/683,411                                                                                          


                       To summarize, the decision of the examiner to reject claims 1, 4, 5 and 20-23 under 35 U.S.C.               

               § 103 is reversed.  However, the application is remanded to the examiner to consider the patentability              

               of the claims in light of the Palmere patent, as discussed above, and to take any appropriate action.               

                                                 REVERSED and REMANDED                                                             







                                      IRWIN CHARLES COHEN                           )                                              
                                      Administrative Patent Judge                   )                                              
                                                                                    )                                              
                                                                                    )                                              
                                                                                    )                                              
                                                                                    ) BOARD OF PATENT                              
                                      WILLIAM F. PATE                               )     APPEALS                                  
                                      Administrative Patent Judge                   )       AND                                    
                                                                                    )  INTERFERENCES                               
                                                                                    )                                              
                                                                                    )                                              
                                                                                    )                                              
                                      JENNIFER D. BAHR                              )                                              
                                      Administrative Patent Judge                   )                                              






               jdb/ki                                                                                                              









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