Ex parte WEINSTEIN - Page 10




          Appeal No. 95-1747                                                          
          Application 08/047,994                                                      



          include all of the elements as required and defined in                      
          appellant's claims on appeal, it follows that we will not sustain           
          the examiner's rejection of independent claim 9 and dependent               
          claims 10 through 18 under 35 U.S.C. § 102(b) based on Gibilisco.           


                    In light of the foregoing, it is clear that we have not           
          sustained either the examiner's rejection of appealed claims 9              



          through 18 under 35 U.S.C. § 112, second paragraph, or that of              
          claims 9 through 18 under 35 U.S.C. § 102(b).                               


                    The decision of the examiner is accordingly reversed.             


                                      REVERSED                                        




                         IRWIN CHARLES COHEN          )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF PATENT            
                         JAMES M. MEISTER             )     APPEALS AND               
                         Administrative Patent Judge  )    INTERFERENCES              
                                                       )                              
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