Ex parte MICALE et al. - Page 4

                  Appeal No. 97-3714                                                                                                                      
                  Application 08/471,664                                                                                                                  


                           Thus, the examiner’s determination that the subject matter recited in the appealed                                             
                  claim (1) is anticipated by the teachings of Robinson and (2) would have been obvious in                                                
                  view of the combined teachings of Sarh and Ross is not well taken.  Accordingly, we shall                                               
                  not sustain the standing 35 U.S.C. § 102(b) and 35 U.S.C. § 103 rejections of this claim.                                               
                           The decision of the examiner is reversed.                                                                                      
                                                                    REVERSED                                                                              





                                             BRUCE H. STONER, JR. Chief                            )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )  BOARD OF PATENT                                     
                                             LAWRENCE J. STAAB                                     )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                             JOHN P. McQUADE                                       )                                                      
                                             Administrative Patent Judge                           )                                                      




                  JPM/pgg                                                                                                                                 

                  Lawrence W. Nelson                                                                                                                      

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