Ex parte PEMBER - Page 11




          Appeal No. 98-0103                                        Page 11           
          Application No. 08/248,745                                                  


          paragraph, as the specification, as originally filed, does not              
          provide support for the invention as is now claimed is affirmed,            
          (3) the decision of the examiner to reject claims 10 through 15             
          under 35 U.S.C. § 112, first paragraph, as the specification, as            
          originally filed, does not provide support for the invention as             
          is now claimed is reversed, and (4) the decision of the examiner            
          to reject claims 1 through 7 and claims 10 through 22 under                 
          35 U.S.C. § 103 is reversed.                                                


                    No time period for taking any subsequent action in                
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                   AFFIRMED-IN-PART                                   



                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES E. FRANKFORT          )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              







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