Ex parte KANNO - Page 6







                  Appeal No. 1999-1634                                                                                                                    
                  Application 08/729,399                                                                                                                  



                           In view of the foregoing, we reverse the rejection of independent claims 1, 7 and 9                                            
                  on appeal under 35 U.S.C. § 102.  Because Nakamura does not appear to cure the                                                          
                  deficiencies of McClure, the rejection of the respective dependent claims under                                                         
                  35 U.S.C. § 103 is also reversed.  Therefore, the decision of the examiner is reversed.                                                 
                                                                    REVERSED                                                                              










                                             James D. Thomas                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             Jerry Smith                                           )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             Anita Pellman Gross                                   )                                                      
                                             Administrative Patent Judge                           )                                                      
                  JDT/cam                                                                                                                                 

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