Appeal No. 97-4253 Page 9
Application No. 08/385,981
been a matter of the design choice. As such we will not
sustain this rejection.
We have reviewed the disclosure of Nishioka and have
determined that this reference does not cure the deficiencies
noted above for the combination of Fragale and O'Hanlon.
Therefore, we will not sustain the examiner’s rejection of
claims 5 and 6 under 35 U.S.C. § 103 as unpatentable over
Fragale and O'Hanlon in further view of Nishioka.
The decision of the examiner is reversed.
REVERSED
NEAL E. ABRAMS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MURRIEL E. CRAWFORD )
Administrative Patent Judge )
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