Ex parte POKORA et al. - Page 7




          Appeal No. 95-2444                                                          
          Application 07/973,655                                                      


          (f) unless overcome by . . . an unequivocal declaration by S                
          under 37 CFR 1.132 that he or she conceived or invented the                 
          subject matter disclosed in the patent."); see also In re DeBaun,           
          687 F.2d 459, 463, 214 USPQ 933, 936 (CCPA 1982); In re Katz, 687           
          F.2d 450, 215 USPQ 14 (CCPA 1982).  Accordingly, we reverse the             
          rejections based on the '793 patent alone and the rejections                


          based on the '793 patent in combination with any other reference            
          or references.                                                              
               The decision of the examiner is reversed.                              

                                      REVERSED                                        



                                                       )                              
                         RONALD H. SMITH               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         FRED E. McKELVEY, Senior      )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         ADRIENE LEPIANE HANLON        )                              
                         Administrative Patent Judge   )                              



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