Ex Parte Wenninger et al - Page 8



          Appeal No. 2005-1472                                       Page 8           
          Application No. 09/750,984                                                  
                                     CONCLUSION                                       
               The decision of the examiner to reject claims 1-9 and 11-13            
          under 35 U.S.C. § 103(a) as being unpatentable over alleged                 
          admissions at page 3, lines 10-17 and page 6, lines 9-12 of                 
          appellants’ specification with or without the additional                    
          teachings of Allegre and to reject claim 10 under 35 U.S.C.                 
          § 103(a) as being unpatentable over Freedman taken in view of the           
          alleged admissions at page 3, lines 10-17 of appellants’                    
          specification is reversed.                                                  
                                      REVERSED                                        


                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         PETER F. KRATZ                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         BEVERLY A. PAWLIKOWSKI        )                              
                         Administrative Patent Judge   )                              
          PFK/sld                                                                     









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