Ex parte BOWEN - Page 13




          Appeal No. 96-1349                                                          
          Application 08/002,168                                                      


          the examiner has not relied on any teachings of the applied prior           
          art which would have suggested the invention as specifically set            
          forth in the claims on appeal, we do not sustain the rejection of           
          claims 1-3 and 5-9 as unpatentable over Davidson.                           
          In conclusion, we have not sustained the rejection of                       
          claims 1-3 and 5-9 under either 35 U.S.C. § 112 or § 103.                   
          Therefore, the decision of the examiner rejecting claims 1-3 and            
          5-9 is reversed.                                                            
          REVERSED                                                                    


                                                       )                              
                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         MICHAEL R. FLEMING            )                              
                         Administrative Patent Judge   )                              




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