Ex parte FREED - Page 9




          Appeal No. 1997-2071                                                        
          Application No. 08/336,529                                                  


          1657 (Fed. Cir. 1990); In re Best, 562 F.2d 1252, 1255, 195                 
          USPQ 430, 433 (CCPA 1977).                                                  
               Accordingly, this application is remanded to the examiner              
          for review and consideration of the foregoing matters.                      
               C.  Summary                                                            
               The rejection of the appealed claims under § 103 as                    
          unpatentable over Zonsveld in view of Morrison ‘556 is                      
          reversed.  The rejection of the appealed claims under § 103 as              
          unpatentable over Goldfein in view of Morrison ‘853 is                      
          reversed.                                                                   
               The decision of the examiner is reversed.  This                        
          application is remanded to the examiner for appropriate action              
          as noted above.                                                             














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