Ex parte GREGORY - Page 8




          Appeal No. 2000-1335                                                        
          Application 09/131,930                                                      


          the subject matter recited in claim 1.   Hence, we shall not3                                     
          sustain the standing 35 U.S.C. § 103(a) rejection of claim 1,               
          or of dependent claims 2, 5 through 13, 17, 18 and 20, as                   
          being unpatentable over Nomura in view of Obosu.                            
               Inasmuch as Modine, Swan, Dauvergne and Yasuda do not                  
          cure the foregoing flaw in the basic Nomura-Obosu combination,              
          we also shall not sustain the standing 35 U.S.C. § 103(a)                   
          rejection of dependent claim 4 as being unpatentable over                   
          Nomura in view of Obosu and Modine, of dependent claims 13 and              
          14 as being unpatentable over Nomura in view of Obosu and                   
          Swan, of dependent claim 15 as being unpatentable over Nomura               
          in view of Obosu and Dauvergne, or of dependent claim 16 as                 
          being unpatentable over Nomura in view of Obosu and Yasuda.                 


                                      SUMMARY                                         
               The decision of the examiner to reject claims 1, 2, 4                  
          through 18 and 20 is reversed.                                              
                                      REVERSED                                        




               3This being so, there is no need to delve into the merits of the appellant’s
          evidence of non-obviousness.                                                
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