Ex Parte Fuks et al - Page 5




         Appeal No. 2003-1704                                                       
         Application No. 09/604,141                                                 


         claims 1 through 12, 14, 16, 18 through 21, 23 and 27 through 29 is        
         reversed.                                                                  
              The obviousness rejection of claims 13, 15, 22, 25 and 26 is          
         reversed because the teachings of DeHaan do not cure the noted             
         shortcoming in the teachings of Toma and Shimirak.                         
                                       DECISION                                     
              The decision of the examiner rejecting claims 1 through 16, 18        
         through 23 and 25 through 29 is reversed.                                  
                                       REVERSED                                     


                        KENNETH W. HAIRSTON           )                             
                        Administrative Patent Judge   )                             
                                                      )                             
                                                      )                             
                                                      )                             
                                                      ) BOARD OF PATENT             
                        JOSEPH F. RUGGIERO            )     APPEALS                 
                        Administrative Patent Judge   )       AND                   
                                                      )  INTERFERENCES              
                                                      )                             
                                                      )                             
                                                      )                             
                        JOSEPH L. DIXON               )                             
                        Administrative Patent Judge   )                             





         KWH/lp                                                                     

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