Ex parte PERRY - Page 14



                 Appeal No. 1998-1962                                                                                    Page 14                        
                 Application No. 08/213,933                                                                                                             


                 The reference to Monoson                                                                                                               
                          We have also reviewed the Monoson reference  cited by the                    4                                                
                 examiner  but find nothing therein which makes up for the5                                                                                                                       
                 deficiencies of Perry discussed above regarding claims 1, 7                                                                            
                 and 13.                                                                                                                                


                                                                   CONCLUSION                                                                           
                          To summarize, the decision of the examiner to reject                                                                          
                 claims 1 through 10 and 12 through 22 under 35 U.S.C. § 103 is                                                                         
                 reversed.                                                                                                                              
                                                                    REVERSED                                                                            





                                            CHARLES E. FRANKFORT                                  )                                                     
                                            Administrative Patent Judge                           )                                                     
                                                                                                  )                                                     
                                                                                                  )                                                     
                                                                                                  )                                                     
                                                                                                  ) BOARD OF PATENT                                     
                                            JOHN P. McQUADE                                       )     APPEALS                                         

                          4U.S. Patent No. 5,076,079 issued December 31, 1991.                                                                          
                          5The examiner applied both Perry and Monoson in the two                                                                       
                 rejections set forth on pages 3-4 of the answer.  However, as                                                                          
                 noted in footnote 2 above, stated that Perry is "being used                                                                            
                 singularly."  Accordingly, we treated the rejection of the                                                                             
                 claims under appeal as being based on 35 U.S.C. § 103 as being                                                                         
                 unpatentable over Perry alone.                                                                                                         




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