Ex parte RAO et al. - Page 6

              Appeal No.  95-4520                                                                                           
              Application 08/038,761                                                                                        


                     The rejection of claims 1 and 8 on the basis of Kusui and Kunkel is key to the                         
              remaining rejections before us for consideration.  None of the references relied upon by                      
              the examiner in the remaining rejections rectify the fundamental deficiency we have                           
              outlined above which exist in the examiner’s first rejection.  Accordingly, all rejections are                
              reversed.                                                                                                     
                     The decision of the examiner is reversed.                                                              
                                                       REVERSED                                                             






                            SHERMAN D. WINTERS         )                                                                   
                     Administrative Patent Judge    )                                                                       
                             )                                                                                              
                                                                 )                                                          
                                                                 )                                                          
                                    WILLIAM F. SMITH                   ) BOARD OF PATENT                                    
                                    Administrative Patent Judge     )   APPEALS AND                                         
                                                                 )  INTERFERENCES                                           
                                                                 )                                                          
                                                          )                                                                 
                     FRED E. McKELVEY, Senior   )                                                                           
                                    Administrative Patent Judge     )                                                       
                                                                                                                           






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