Appeal No. 1999-1319
Application No. 08/495,390
the claim cannot be said to be anticipated under 35 U.S.C. § 102. Therefore, we will not
sustain the rejection of claims 2 and 4 under 35 U.S.C. § 102(e).
The examiner’s decision rejecting claims 1-4 under 35 U.S.C. § 102(e) is affirmed
as to claims 1 and 3 but reversed as to claims 2 and 4.
The examiner’s decision 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
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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)
)
HOWARD B. BLANKENSHIP )
Administrative Patent Judge )
eak/vsh
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