Ex parte BERLINER et al. - Page 9




          Appeal No. 95-1783                                                          
          Application 08/069,957                                                      


          which is better than that applied by the examiner.  We can                  
          say, however, that the prior art applied by the examiner does               
          not support the rejection formulated by him.  Therefore, we do              
          not sustain the rejection of claims 1, 2 and 4.                             




          Claim 3 depends from claim 1 and was rejected on the                        
          same prior art with Stanzcyk added.  Since Stanzcyk does not                
          overcome the deficiencies noted above in the combination of                 
          DeMetz or Auer in view of Hendricks, we also do not sustain                 
          the rejection of claim 3.                                                   
          The decision of the examiner rejecting claims 1-4 is                        
          reversed.                                                                   
          REVERSED                                                                    







                                                       )                              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
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