Ex Parte Krodel et al - Page 6



          Appeal No. 2005-0715                                                        
          Application No. 09/725,428                                                  

          between Rossin’s catalytic oxidizing step and his caustic                   
          scrubbing step.                                                             
               Because such a first detector measuring location does not              
          satisfy the corresponding first detector measuring requirement of           
          appealed claim 1, the examiner’s rejection is improper for this             
          reason alone.  It follows that we cannot sustain the Section 103            
          rejection of all appealed claims as being unpatentable over                 
          Rossin in view of Kisters and Tom.                                          
               The decision of the examiner is reversed.                              

                                      REVERSED                                        




          BRADLEY R. GARRIS            )                                              
                    Administrative Patent Judge  )                                    
                                        )                                             
                    )                                                                 
                                                  )   BOARD OF PATENT                 
                    CHARLES F. WARREN            )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
          JEFFREY T. SMITH             )                                              
                    Administrative Patent Judge  )                                    
          BRG:hh                                                                      

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