Ex parte FISCHER - Page 12




          Appeal No. 1998-2702                                                        
          Application No. 08/466,507                                                  

               The rejection of claims 5 and 7 under 35 U.S.C. § 102(b)               
          as being anticipated by Bertolini is sustained.                             
               The rejection of claims 5 and 7 under 35 U.S.C. § 103 as               
          being unpatentable over Bertolini in view of Nakamura is                    
          sustained.                                                                  
               The decision of the examiner is 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                                    






                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         NEAL E. ABRAMS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                         12                                           





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