Ex parte SWARTZEL et al. - Page 47




          Appeal No. 1998-2941                                      Page 47           
          Application No. 08/061,985                                                  
          Reexamination Control No. 90/003,682                                        


          and 30-32 under 35 U.S.C. § 103 as being unpatentable over                  
          Dunn is reversed; the decision of the examiner to reject                    
          claims 21 and 29 under 35 U.S.C. § 103 as being unpatentable                
          over any one of Dunn, the News & Observer article, and the PSA              
          abstract as set forth above further in view of Fioriti and                  
          Bracco is affirmed; the decision of the examiner to                         
          provisionally reject claims 3-17, 18/4, 18/8, 18/12, 18/16,                 
          19/4, 19/8, 19/12, 19/16, 28-35, and 46/28 under 35 U.S.C. §                
          101 as claiming the same invention as that of claims 1, 3-17,               
          18/1, 18/4, 18/8, 18/12, 18/16, 19/1, 19/4, 19/8, 19/12,                    
          19/16, 28-35, and 46 of copending reissue application No.                   
          07/880,899 is affirmed; and the decision of the examiner to                 
          reject claims 20-27 and 46/20 under 35 U.S.C.                               
          § 112, first paragraph, is reversed.  In addition, new                      
          rejections of claims 12 to 17, 18/12, 18/16, 19/12 and 19/16                
          under 35 U.S.C. § 103 have been added pursuant to provisions                
          of 37 CFR                                                                   
          § 1.196(b).                                                                 











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