Ex parte NESTOR JR. et al. - Page 4




          Appeal No. 94-3208                                                               
          Application 07/743,613                                                           


          reliance on Lincoln and Wagner, showing that a method of making                  
          Nomura's compound was in possession of the public, was proper).                  
                The examiner's decision, rejecting claims 1 through 14 and                 
          20 under 35 U.S.C. § 102(b) as described by Barna or Deodhar, is                 
          reversed.                                                                        
                                         REVERSED                                          


                        SHERMAN D. WINTERS                   )                             
                        Administrative Patent Judge          )                             
                                                             )                             
                                                             )                             
                                                             )                             
                        WILLIAM F. SMITH                     ) BOARD OF PATENT             
                        Administrative Patent Judge          )   APPEALS AND               
                                                             )  INTERFERENCES              
                                                             )                             
                                                             )                             
                        FRED E. McKELVEY                     )                             
                        Senior Administrative Patent Judge )                               
















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