Ex parte SCHULTZ - Page 13




          Appeal No. 98-2792                                                          
          Application 08/516,257                                                      




          teachings of the Meadows article applied in appellant’s co-                 
          pending application No. 08/714,830 (Appeal No. 99-0446) and                 
          Komives (Figure 3), or based on Schultz (Figures 5a, 5b) in                 
          view of Komives (Figure 3).  In particular, we point to our                 
          affirmance of the § 103 rejection in appellant’s co-pending                 
          application (Appeal No. 99-0446) based on the Meadows article               
          and Komives.                                                                


                    In view of the foregoing, the examiner's decision                 
          rejecting claims 15 and 16 under 35 U.S.C. § 102(b) as being                
          anticipated by Schultz has been affirmed, but the decision                  
          rejecting claims 1, 2, 4 through 9, 15 and 16 under 35 U.S.C.               
          § 102(e) relying on Komives, and the decision rejecting                     
          claims 10, 17 and 36 through 38 under 35 U.S.C. § 103 based on              
          Komives and Schultz have been reversed.  In addition, we have               
          REMANDED this application to the examiner to consider certain               
          designated prior art and possible rejections flowing                        
          therefrom.                                                                  



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