Ex parte BARON - Page 13




          Appeal No. 1998-0910                                                        
          Application No. 08/454,596                                                  

          obviousness itself, would have provided the motivation for                  
          such a major                                                                
          overhaul.  Since the evidence before us would not have been                 
          suggestive of the content of, in particular claim 1, the                    
          examiner’s rejection of appellant’s claims must be reversed.                


               In summary, this panel of the board has:                               


               reversed the rejection of claim 1 under 35 U.S.C. § 112,               
          second paragraph, as being indefinite; and                                  


               reversed the rejection of claims 1 through 8 under 35                  
          U.S.C.                                                                      
          § 103 as being unpatentable over Burns in view of Ushitora and              
          Oldfelt.                                                                    


               The decision of the examiner is reversed.                              


                                      REVERSED                                        


                                                       )                              
                         IRWIN CHARLES COHEN                )                         
                                         13                                           





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