Ex parte DONOFRIO et al. - Page 8




          Appeal No. 95-0647                                                          
          Application No. 08/026,246                                                  


          amount resulting in the transmission of the display window at               
          a range of 70 to 90%,” and “[t]he Daiku patent is not                       
          considered to fill in the essential gaps of the teaching of                 
          the Hodges patent.”  The  35 U.S.C. § 103 rejection of claims               
          1, 5, 8, 10 and 13 is reversed.                                             
               The 35 U.S.C. § 103 rejection of claims 2, 9 and 11 is                 
          reversed because Maple does not cure the noted shortcomings in              
          the teachings of Hodges and Daiku.                                          
                                      DECISION                                        
               The decision of the examiner rejecting claims 1, 2, 5, 8               
          through 11 and 13 under 35 U.S.C. § 103 is reversed.                        
                                      REVERSED                                        





                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    ERROL A. KRASS               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    MICHAEL R. FLEMING           )                                    
                    Administrative Patent Judge  )                                    
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