Ex Parte GARCIA - Page 10




          Appeal No. 2000-0753                                                         
          Application 08/909,545                                                       

          specific reference to the prior art (Br10), the examiner briefly             
          treats the dependent claims in the examiner's answer (EA7-8).                
          This constitutes a new ground of rejection and appellant could               
          have petitioned to have the rejection so labeled and prosecution             
          reopened.  Since we reverse the rejection of the independent                 
          claims, it is not necessary to address the dependent claims.                 
                                      CONCLUSION                                       
               The rejections of claims 1-17 are reversed.                             
                                       REVERSED                                        






                         LEE E. BARRETT                 )                              

                         Administrative Patent Judge    )))))  BOARD OF PATENT         

                         MICHAEL R. FLEMING             )     APPEALS                  
                         Administrative Patent Judge    )       AND                    
                                                        )   INTERFERENCES              
                                                        )                              
                                                        )                              
                         MAHSHID D. SAADAT              )                              
                         Administrative Patent Judge    )                              








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