Ex parte KHANI - Page 9




                Appeal No. 97-2699                                                                                                          
                Application 08/112,535                                                                                                      


                unpatentable over Barry, Moorehead and Gonzales as well as the Examiner's rejection of claims 3                             

                through 5, 9 through 11 and 16 through 26 under 35 U.S.C. § 103 as being unpatentable over Barry,                           

                Moorehead, Gonzales and Toriu.                                                                                              



                                In view of the foregoing, the decision of the Examiner rejecting claims 28 through 30                       

                under 35 U.S.C. § 103 is affirmed; however, the decision of the Examiner rejecting claims 1 through 27                      

                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 37 CFR  § 1.136(a).                                                                                       

                                                        AFFIRMED-IN-PART                                                                    







                                         JAMES D. THOMAS                                  )                                                 
                                         Administrative Patent Judge              )                                                         
                                                                                          )                                                 
                                                                                          )                                                 
                                                                                          )   BOARD OF PATENT                               
                                         MICHAEL R. FLEMING                               )     APPEALS AND                                 
                                         Administrative Patent Judge              )    INTERFERENCES                                        
                                                                                          )                                                 
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