Ex parte HAYNES et al. - Page 11




          Appeal No. 95-4890                                                          
          Application 08/035,002                                                      


          decision rejecting claim 11 under 35 USC  103 based on the                 
          combined disclosures of Yanagibashi and Nichols.                            

                                     CONCLUSION                                       

               For the reasons set forth in the body of this opinion, we              
          affirm the rejection of claims 2 through 9 and 12 under 35 USC              
           103 as unpatentable over the combined disclosures of                      
          Yanagibashi and Nichols.  We vacate the rejection of claim 11               
          on the same grounds.  On return of this application to the                  
          examining corps, the examiner should reevaluate the                         
          patentability of claim 11 using appropriate legal standards.                





               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                                    
                                   VACATED-IN-PART                                    




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