Ex parte ARBUCKLE - Page 6




          Appeal No. 97-2780                                                          
          Application 08/456,109                                                      


          invention. See inter alia, In re Fine, 837 F.2d 1071, 1074, 5               
          USPQ2d 1596, 1598 (Fed Cir. 1988). No such suggestion is found              
          in the prior art relied upon by the examiner.                               


               Based on the prior art before us, we therefore cannot                  
          sustain the examiner’s § 103 rejection of the appealed claims.              


               This application is herewith remanded to the examiner to               
          consult with the examiner who examines in Class 273 to                      
          determine if there is a relevant field of search in Class 273.              














          The examiner’s decision rejecting appealed claims 1 through 6               
          is reversed.                                                                


                                          6                                           





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