Ex parte LAVIN - Page 6




          Appeal No. 97-4429                                         Page 6           
          Application No. 08/404,666                                                  


               We have also reviewed the Sunder reference additionally                
          applied in the rejection of claims 16 and 21 but find nothing               
          therein which makes up for the deficiencies of Collin and Smith             
          discussed above.  Accordingly, we cannot sustain the examiner's             
          rejection of appealed claims 16 and 21 under 35 U.S.C. § 103.               


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject claims            
          12, 13, 15 through 17 and 19 through 21 under 35 U.S.C. § 103 is            
          reversed.                                                                   
                                      REVERSED                                        





                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN P. McQUADE               )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              








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