Ex parte RUTAN et al. - Page 10




          Appeal No. 95-3288                                                           
          Application 08/148,020                                                       



          suggested the desirability of the modification as suggested by               
          the Examiner.                                                                
                    We have not sustained the rejection of claims 1, 5                 
          through 7, 9 through 13, 15 through 18 and 22 through 28 under 35            
          U.S.C. § 103.  Accordingly, the Examiner's decision is reversed.             
                                      REVERSED                                         





                         JAMES D. THOMAS              )                                
                         Administrative Patent Judge  )                                
                                                        )                              
                                                        )                              
                                                        )   BOARD OF PATENT            
                         KENNETH W. HAIRSTON          )     APPEALS AND                
                         Administrative Patent Judge  )    INTERFERENCES               
                                                        )                              
                                                        )                              
                                                        )                              
                         MICHAEL R. FLEMING           )                                
                         Administrative Patent Judge  )                                











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