Ex parte CARNES et al. - Page 5

                  Appeal No. 1997-0305                                                                                                                    
                  Application No. 08/286,085                                                                                                              


                  hydrogen gas.  Whether the Doshi system could be modified to perform the claimed                                                        
                  function is not a relevant consideration for a rejection under 35 U.S.C. § 102.                                                         
                           We also cannot sustain the examiner's rejections of the dependent claims under 35                                              
                  U.S.C. § 103 since they are based on the faulty premise that Doshi describes all the                                                    
                  features of independent claim 1.                                                                                                        
                           In conclusion, based on the foregoing, we are constrained to reverse the examiner's                                            
                  rejections.                                                                                                                             
                                                                    REVERSED                                                                              





                                    EDWARD C. KIMLIN                                      )                                                               
                                    Administrative Patent Judge                           )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )   BOARD OF PATENT                                             
                                    BRADLEY R. GARRIS                                     )     APPEALS AND                                               
                                    Administrative Patent Judge                           )    INTERFERENCES                                              
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                    THOMAS A. WALTZ                              )                                                                        
                                    Administrative Patent Judge                           )                                                               


                  vsh                                                                                                                                     


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