Ex parte ZAHER - Page 5




          Appeal No. 96-2061                                                           
          Application No. 08/152,080                                                   

          infrared radiation as recited in appealed claim 12.  Simply                  
          stated, this is because the Arai teaching is limited to                      
          varying the time duration of heat application rather than                    
          controlling the intensity of any kind of application much less               
          the intensity of infrared radiation application as required by               
          the independent claim on appeal.                                             
               For the above stated reasons, we can not sustain any of                 
          the section 103 rejections advanced by the examiner on this                  
          appeal.                                                                      


               The decision of the examiner is reversed.                               
                                       REVERSED                                        







          Edward C. Kimlin                )                                            
               Administrative Patent Judge     )                                       
                    )                                                                  
                                                   )                                   
                                                   )                                   
                         Bradley R. Garris               ) BOARD OF                    
          PATENT                                                                       
                         Administrative Patent Judge     )   APPEALS AND               
                                                   )  INTERFERENCES                    
                                                   )                                   
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