Appeal No. 2001-2533 Page 10
Application No. 09/372,988
layer of claim 1. On the basis of the same reasoning we set forth with regard to claim
1, we also will not sustain the rejection of claim 4.
SUMMARY
The rejections of claims 1, 2 and 4 are not sustained.
The rejection of claim 3 is sustained.
The decision of the examiner 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
NEAL E. ABRAMS )
Administrative Patent Judge )
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) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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JEFFREY V. NASE )
Administrative Patent Judge )
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