Ex Parte STAHLECKER et al - Page 5




                Appeal No. 2003-0488                                                                                                    
                Application No. 09/086,286                                                                                              


                        In light of the foregoing, we shall not sustain the standing rejection of claims 1, as well as                  
                claims 2, 6, 8, 9 and 11-17, that depend therefrom, as being unpatentable over Konzal in view of                        
                Stahlecker.                                                                                                             
                        As to the standing rejection of claims dependent 3-5 and 7 as being unpatentable further in                     
                view of Bader, we have carefully considered the Bader reference additionally cited against these                        
                claims, but find nothing therein that makes up for the deficiencies of Konzal and Stahlecker noted                      
                above.  Accordingly, we also shall not sustain the standing rejection of claims 3-5 and 7.                              
                        The decision of the examiner is reversed.                                                                       
                                                              REVERSED                                                                  


                                        NEAL E. ABRAMS                                  )                                               
                                        Administrative Patent Judge                     )                                               
                                                                                        )                                               
                                                                                        )                                               
                                                                                        )                                               
                                                                                        ) BOARD OF PATENT                               
                                        LAWRENCE J. STAAB                               )     APPEALS                                   
                                        Administrative Patent Judge                     )       AND                                     
                                                                                        )  INTERFERENCES                                
                                                                                        )                                               
                                                                                        )                                               
                                                                                        )                                               
                                        JENNIFER D. BAHR                                )                                               
                                        Administrative Patent Judge                     )                                               


                LJS/lp                                                                                                                  

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