Ex parte LEENAARS et al. - Page 13




          Appeal No. 94-3000                                                          
          Application 07/914,654                                                      


          Thus, the lifting means is interpreted as including a                       
          specifically placed structure consisting of a body connected                
          to shafts and a knife-shaped member made of quartz glass, with              
          an apical angle of less than 100E, or equivalents thereof.                  
          However, we observe that the examiner has not explained, much               
          less proven, that such structure is described or would have                 
          been suggested by any of the references relied upon by the                  
          examiner.  Thus, we are constrained to reverse the examiner's               
          rejection of apparatus claims 21 through 23.                                
               The decision of the examiner is affirmed-in-part.                      
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          1.136(a).                                                                   
                                  AFFIRMED-IN-PART                                    





          EDWARD C. KIMLIN            )                                               
          Administrative Patent Judge )                                               
          )                                                                           
          )                                                                           
          )                                                                           
          CAMERON WEIFFENBACH         ) BOARD OF                                      
          PATENT                                                                      
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