Ex Parte SCHULTZ et al - Page 8



                  Appeal No. 2003-0739                                                                                                                    
                  Application No. 09/319,763                                                                                                              

                  that this would necessarily mean an inhibition of the                                                                                   
                  recompression function since no recompression network may                                                                               
                  actually be present in the system to be inhibited.                                                                                      
                                                                   CONCLUSION                                                                             
                          In conclusion, since we are of the opinion that the prior                                                                      
                  art applied by the Examiner does not support the obviousness                                                                            
                  rejection, we do not sustain the rejection of independent claims                                                                        
                  1 and 6, nor of claims 2-5, 7, and 8 dependent thereon.                                                                                 
                  Therefore, the decision of the Examiner rejecting claims 1-8                                                                            
                  under 35 U.S.C. § 103(a) is reversed.                                                                                                   
                                                                   REVERSED                                                                               
                                                                                                                                                         
                                    JOSEPH F. RUGGIERO                                    )                                                               
                                    Administrative Patent Judge                           )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )    BOARD OF PATENT                                            
                                    HOWARD B. BLANKENSHIP                                 )      APPEALS AND                                              
                                    Administrative Patent Judge                           )     INTERFERENCES                                             
                                                                                          )                                                               
                                                                                          )                                                               
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                                                               )                                                                                          
                                    ROBERT E. NAPPI                                       )                                                               
                                    Administrative Patent Judge                           )                                                               

                  JFR/dpv                                                                                                                                 
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