Ex parte ROBINSON et al. - Page 6




                     Appeal No. 1999-0036                                                                                                                                              
                     Application 08/394,012                                                                                                                                            


                     and Krieger, that is, the patent to Landis does not supply that which we have found to be lacking in the                                                          

                     examiner’s combination of Daugirda and Krieger.  Thus, the examiner’s rejection of claims 5 through 9                                                             

                     under 35 U.S.C. § 103 will likewise not be sustained.                                                                                                             



                                In view of the foregoing, the examiner's decision rejecting claims 1 through 9 of the present                                                          

                     application under 35 U.S.C. § 103 is reversed.                                                                                                                    



                                                                                  REVERSED                                                                                             





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





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