Ex parte KHAN et al. - Page 12
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Appeal No. 1999-0529
Application 08/588,800
examiner.
In summary, we find that the examiner has failed to
provide a factual record which supports the rejection of the
claims under 35 U.S.C. § 103. Therefore, we do not sustain
the examiner’s rejection of claims 6, 7 and 10-12.
In conclusion, we have sustained the examiner’s
rejection of the claims under 35 U.S.C. § 102, but we have not
sustained the examiner’s rejection of the claims under 35
U.S.C. § 103. Therefore, the decision of the examiner
rejecting claims 2-7, 9-13, 24 and 25 is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
)
JERRY SMITH ) BOARD OF PATENT
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