Ex Parte HERRELL et al - Page 5

          Appeal No. 2003-1361                                                        
          Application No. 09/099,758                                                  
          claims 1, 6 through 13, 16 and 52 through 54 is reversed because            
          we additionally agree with the appellants’ argument (brief, page            
          15) that the teachings of Forehand, whether considered alone or             
          in combination with Sudo, would not have rendered obvious the               
          claimed invention.                                                          
               The obviousness rejections of claims 2 through 5, 14 and 15            
          are reversed because the teachings of Patil and Hernandez fail to           
          cure the noted shortcoming in the teachings of Sudo and Forehand.           
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through 16             
          and 52 through 54 under 35 U.S.C. § 103(a) is reversed.                     
                                      REVERSED                                        


                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JERRY SMITH              )     APPEALS AND                        
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    ROBERT NAPPI             )                                        
                    Administrative Patent Judge  )                                    


          KWH:dal                                                                     


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