Ex Parte LEE - Page 9



                    Appeal No. 2001-1448                                                                                                                                  
                    Application No. 09/121,036                                                                                                                            

                    Accordingly, we will not sustain the examiner's rejection of                                                                                          
                    these claims under 35 U.S.C. § 103(a) as being unpatentable over                                                                                      
                    Song, Kikuchi and Kim.  It follows that the examiner's rejection                                                                                      
                    of dependent claims 19 and 22 through 25 based on Song, Kikuchi                                                                                       
                    and Kim will likewise not be sustained.                                                                                                               

                    In light of the foregoing, we have concluded that neither of                                                                                          
                    the examiner's rejections of the claims before us on appeal under                                                                                     
                    35 U.S.C. § 103(a) is sustainable.  The decision of the examiner                                                                                      
                    is, accordingly, reversed.                                                                                                                            

                                                                             REVERSED                                                                                     

                                                  CHARLES E. FRANKFORT                                       )                                                            
                                                  Administrative Patent Judge                                )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  LAWRENCE J. STAAB                                          )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                  JOHN P. MCQUADE                                            )                                                            
                                                  Administrative Patent Judge                                )                                                            
                    CEF/LBG                                                                                                                                               
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