Ex Parte Clark - Page 12




         Appeal No. 2003-0470                                                  
         Application 09/671,870                                                


         claimed by appellant.  Accordingly, since all the limita-             
         tions of appellant’s claims 5, 6 and 9 through 13 are not             
         found in Paulson, either expressly or under principles of             
         inherency, it follows that the examiner's rejection of those          
         claims under 35 U.S.C. § 102(b) relying on Paulson will not           
         be sustained.                                                         


                  In accordance with the foregoing, it is clear that           
         the decision of the examiner is reversed.                             


                                   REVERSED                                    



                       CHARLES E. FRANKFORT        )                           
                       Administrative Patent Judge   )                         
                                                   )                           
                                                   )                           
                                                   )                           
                                                   ) BOARD OF PATENT           
                       JOHN P. MCQUADE             )     APPEALS               
                       Administrative Patent Judge   )       AND               
                                                   )  INTERFERENCES            
                                                   )                           
                                                   )                           
                                                   )                           
                       JEFFREY V. NASE             )                           
                       Administrative Patent Judge   )                         
         CEF:psb                                                               
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