Ex parte ISHII et al. - Page 7




          Appeal No. 1998-2518                                                        
          Application No. 08/442,835                                                  


          to use a control head and control means as recited in claim 6.              
          Merely that the start markers of Lewis could be used for such               
          a purpose is insufficient.  Thus, even if the three references              
          could be combined, the combination would not yield the claimed              
          invention.  Consequently, we cannot sustain the rejection of                
          claim 6, nor of its dependents, claims 8 and 10.                            
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 6, 8, and                
          10 under 35 U.S.C. § 103 is reversed.                                       
                                      REVERSED                                        





                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         ANITA PELLMAN GROSS           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         LANCE LEONARD BARRY           )                              
                         Administrative Patent Judge   )                              

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