Ex parte SCHWARTZ et al. - Page 15




                Appeal No. 98-2031                                                                                                        
                Application 08/794,154                                                                                                    


                in view of Chen has been affirmed as to claims 1, 2, 38, 40, 41, 50, 58, 60, 64 and 65, but reversed                      

                with regard to claims 37 and 59.  The rejection of claims 61 through 63 under 35 U.S.C. § 103 as                          

                being unpatentable over Nishiyama in view of Chen has been affirmed as to claims 61 and 62, but                           

                reversed with regard to claim 63.                                                                                         



                        The decision of the examiner is, accordingly, affirmed-in-part.                                                   



                        No time period for taking any subsequent action in connection with this appeal may be                             

                extended under  37 CFR  § 1.136(a).                                                                                       

                                                                                                                                         

                                                        AFFIRMED-IN-PART                                                                  







                                        CHARLES  E. FRANKFORT                    )                                                        
                                        Administrative Patent Judge              )                                                        
                                                                                 )                                                        
                                                                                 )                                                        
                                                                                 )     BOARD OF PATENT                                    
                                        LAWRENCE J. STAAB                        )         APPEALS AND                                    
                                        Administrative Patent Judge              )       INTERFERENCES                                    
                                                                                 )                                                        

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