Ex Parte Smyers et al - Page 9




              Appeal No. 2005-1729                                                                  Παγε 9                
              Application No. 09/921,762                                                                                  


              APA or the APA in view of Wise, taken further in view of Elvin-Jensen, we have considered                   
              the prior art as applied to these dependent claims, but find nothing therein to make up for                 
              or otherwise overcome the fundamental flaws in the APA and Apps pointed out above. In                       
              that regard, we refer to appellants’ brief (pages 16-20) and reply brief for further reasoning              
              as to why these claims would not have been obvious within the meaning of 35 U.S.C. §                        
              103.                                                                                                        
                                                                                                                         
              In light of the foregoing, the decision of the examiner rejecting claims 1 through 15 and                   
              25 through 47 of the present application under 35 U.S.C. § 103(a) is reversed.                              
                                                      REVERSED                                                            





                                   CHARLES E.  FRANKFORT )                                                                
                                   Administrative Patent Judge )                                                          
                                                                              )                                           
                                                                              )                                           
                                                                              )                                           
                                                                              ) BOARD OF PATENT                           
                                   JOHN P. McQUADE      ) APPEALS                                                         
                                   Administrative Patent Judge ) AND                                                      
                                                                              ) INTERFERENCES                             
                                                                              )                                           
                                                                              )                                           
                                                                              )                                           
                                   JEFFREY V. NASE  )                                                                     
                                   Administrative Patent Judge )                                                          








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