Ex parte BIRD - Page 8




          Appeal No. 95-3184                                                          
          Application 07/981,910                                                      


               In this light, the examiner’s determination that the method            
          recited in claim 33, and in claims 34 through 39 which depend               
          therefrom, would have been obvious to one of ordinary skill in              
          the art in view of Emerson must fall.  Accordingly, we shall not            
          sustain the standing 35 U.S.C. § 103 rejection of these claims.             
               The decision of the examiner is reversed.                              


                                      REVERSED                                        



                         IAN A. CALVERT                )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         CHARLES E. FRANKFORT          ) BOARD OF PATENT              
                         Administrative Patent Judge   ) APPEALS AND                  
                                                      ) INTERFERENCES                
                                                      )                              
                                                      )                              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )                              










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