Ex Parte Gusler et al - Page 4




               Appeal No. 2006-2090                                                                                               
               Application No. 10/004,925                                                                                         


                      The obviousness rejection of claims 9, 19 and 29 is reversed because the teachings of                       
               Fertell fail to cure the noted shortcoming in the teachings of Donahue.                                            
                                                           DECISION                                                               
                      The decision of the examiner rejecting claims 1 through 30 under 35 U.S.C. § 103(a) is                      
               reversed.                                                                                                          
                                                          REVERSED                                                                




                                      KENNETH W. HAIRSTON   )                                                                     
                                      Administrative Patent Judge   )                                                             
                                                                                    )                                             
                                                                                    )                                             
                                                                                    ) BOARD OF PATENT                             
               LANCE LEONARD BARRY  )                                                                                             
                                      Administrative Patent Judge   )   APPEALS AND                                               
                                                                                    )                                             
                                                                                    ) INTERFERENCES                               
                                                                                    )                                             
                                      MAHSHID D. SAADAT   )                                                                       
                                      Administrative Patent Judge   )                                                             






               KWH/ rwk                                                                                                           




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