Ex parte VAN TASSEL - Page 11




                 Appeal No. 95-2081                                                                                                                     
                 Application 07/825,778                                                                                                                 



                 claims which depend therefrom, under 35 U.S.C. § 103 also will                                                                         
                 not be sustained.3                                                                                                                     














                                   To summarize, we note that the examiner's decision                                                                   
                 rejecting claims 1 through 22, 27, 30, 33, 34 and 38 under                                                                             
                                   35 U.S.C. § 103 has been reversed.                                                                                   


                                                                    REVERSED                                                                            



                          3With respect to the examiner's rejection of claim 34                                                                         
                 under 35 U.S.C. § 103, we note that claim 34 depends from                                                                              
                 claim 28 and that the examiner has indicated that claim 28                                                                             
                 contains allowable subject matter (see the supplemental                                                                                
                 examiner's answer, page 2). It thus appears that claim 34                                                                              
                 should also have been objected to by the examiner, instead of                                                                          
                 being rejected.                                                                                                                        
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