Ex Parte COVINGTON - Page 11



          Appeal No. 2002-0416                                                        
          Application 08/902,625                                                      

               However, we agree with appellants that Fujii in view of                
          Rodgers do not teach that “the valleys of the filter media all              
          lying in the same plane being positioned below the mounting frame           
          and the peaks rising to at least the bottom of the frame . . .”             
          [emphasis added].                                                           
               Therefore, we reverse the rejection of claims  33-35 and 37            
          under 35 U.S.C. § 103 as being unpatentable over Fujii in view of           
          Rodgers.                                                                    

          VII.  Conclusion                                                            
               Each of the rejections is reversed.                                    

                                      REVERSED                                        


                                                                                      

                    Chung K. Pak        )                                             
               Administrative Patent Judge )                                          
                    )                                                                 
                                             )                                        
                                             )                                        
                    Paul Lieberman                ) BOARD OF PATENT                   
                    Administrative Patent Judge )   APPEALS AND                       
                                             )  INTERFERENCES                         
                                             )                                        
                                                    )                                 
               Beverly A. Pawlikowski      )                                          
                    Administrative Patent Judge )                                     



          BAP/cam                                                                     


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