Appeal No. 2002-0322
Application 08/681,870
claimed invention encompassed by appealed claim 9 within the meaning of 35 U.S.C. § 102(e),
we reverse the ground of rejection with respect to appealed claim 9.
The examiner’s decision 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
CHARLES F. WARREN )
Administrative Patent Judge )
) BOARD OF PATENT
) APPEALS AND
) INTERFERENCES
BEVERLY A. PAWLIKOWSKI )
Administrative Patent Judge )
KRATZ, Administrative Patent Judge, concurring-in-part and dissenting-in-part.
I concur with the majority=s decision to the extent they have affirmed the examiner=s
decision to reject claims 1-15 under 35 U.S.C. ' 102(e) as anticipated by Horiuchi et al.
(Horiuchi) and I respectfully dissent to the extent they have reversed.
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