Ex parte BENZINGER - Page 5




               Appeal No. 98-2837                                                                                                   
               Application 08/471,458                                                                                               


               of the report), to be unwarranted.  Nor do we find any comment in the record from the examiner                       

               regarding the evidence presented by appellant in the form of the eight items mentioned at the top of                 

               page 6 of appellant’s brief.                                                                                         



                       In light of the foregoing, we will not sustain the examiner’s rejection of claims 1, 3, 4, 6 through         

               13, 16, 19, 20, 24 and 26 through 29 under 35 U.S.C. § 101.                                                          



                       The decision of the examiner in this case is, accordingly, reversed.                                         



                                                           REVERSED                                                                 









                              NEAL E. ABRAMS                        )                                                              
                              Administrative Patent Judge           )                                                              
                                                                     )                                                              
                                                                     )       BOARD OF PATENT                                        
                                                                     )       APPEALS  AND                                           
                               CHARLES E. FRANKFORT )                        INTERFERENCES                                          
                              Administrative Patent Judge           )                                                              
                                                                     )                                                              

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