Ex Parte HORNUNG et al - Page 11




          Appeal No. 2002-0278                                                        
          Application 08/797,674                                                      


               In view of the foregoing, we have not sustained the                    
          Examiner’s rejection of claims 1 through 13, 15 through 18 and 24           
          through 32 under 35 U.S.C. § 102(b) based upon a public use or              
          sale of the invention, and we have not sustained the Examiner’s             
          rejection of claims 1 through 3, 8, 24, 26, 27, 30 and 32 under             
          35 U.S.C. § 102 (b) based upon anticipation.  In addition, we               
          have not sustained the Examiner’s rejection of claims 4-7, 9, 10            
          through 13, 15 through 18, 25 through 29 and 31 under 35 U.S.C.             
          § 103.                                                                      
                                   REVERSED                                           





                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         MICHAEL R. FLEMING            )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         MAHSHID SAADAT                )                              
                         Administrative Patent Judge   )                              


          MRF:pgc                                                                     

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