Ex parte KERR et al. - Page 7

          Appeal No. 2000-0570                                                        
          Application No. 09/028,943                                                  


          in the appealed claims obvious within the meaning of 35 U.S.C.              
          § 103(a).                                                                   


                                      SUMMARY                                         
               The decision of the examiner to reject claims 1, 5 and 6               
          under 35 U.S.C. § 103(a) is reversed and the application is                 
          remanded to the examiner for further consideration.                         
                               REVERSED AND REMANDED                                  



                      HARRISON E. McCANDLISH              )                           
                      Senior Administrative Patent Judge    )                         
                                                          )                           
                                                          )                           
                                                          )                           
                                                          )                           
                      JOHN P. McQUADE                     ) BOARD OF                  
          PATENT                                                                      
                      Administrative Patent Judge         )   APPEALS AND             
                                                          )  INTERFERENCES            
                                                          )                           
                                                          )                           
                                                          )                           
                      JOHN F. GONZALES                    )                           
                      Administrative Patent Judge         )                           

          JPM:clm                                                                     





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