Ex Parte Dodge - Page 6




                  Appeal No. 2004-0455                                                                                        Page 6                      
                  Application No. 09/540,592                                                                                                              


                  to establish a prima facie case of obviousness with respect to the subject matter recited                                               
                  in claim 1, the sole independent claim, and therefore we will not sustain the rejection.                                                
                                                                  CONCLUSION                                                                              
                           The rejection of claims 1, 3, 4 and 6 as being unpatentable over Antanavich in                                                 
                  view of Tovey is not sustained.                                                                                                         
                           The decision of the examiner is reversed.                                                                                      





                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JEFFREY V. NASE                                       )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      

                  NEA:pgc                                                                                                                                 











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