Ex parte MUELLER - Page 7




                  Appeal No. 2000-0565                                                                                                                    
                  Application No. 08/539,840                                                                                                              


                  Carroll are such that the subject matter as a whole would have been obvious at the time the invention                                   

                  was made to a person having ordinary skill in the art.                                                                                  

                           It follows then that we shall also not sustain the examiner's rejection of claims 2-10 and 12-18                               

                  as being unpatentable over Carroll.                                                                                                     
                                                                   CONCLUSION                                                                             
                           To summarize, the decision of the examiner to reject claims 1 and 11 under 35 U.S.C.                                           
                  § 102(b) and claims 2-10 and 12-18 under 35 U.S.C. § 103 is reversed.                                                                   
                                                                     REVERSED                                                                             






                                             HARRISON E. McCANDLISH                                )                                                      
                                             Senior Administrative Patent Judge                    )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             NEAL E. ABRAMS                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      


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