Ex parte BUSE et al. - Page 5




          Appeal No. 2000-0875                                       Page 5           
          Application No. 08/945,138                                                  


          would not have been suggestive of the claimed invention, we                 
          cannot sustain the examiner's rejections of claims 10 and 14                
          to 18.                                                                      


                                       REMAND                                         
               We remand the application to the examiner to consider on               
          the record whether or not claims 10 and 14 to 18 are                        
          patentable under 35 U.S.C. § 103 over the combined teachings                
          of the admitted prior art shown in Figure 2 (note footnote 2),              
          Okakda and Phalin.                                                          


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 10 and 14 to 18 under 35 U.S.C. § 103 is reversed.  In               
          addition, the application has been remanded to the examiner                 
          for further action.                                                         


               This application, by virtue of its "special" status,                   
          requires immediate action, see MPEP § 708.01 (Seventh Edition,              
          Rev. 1, Feb. 2000).                                                         
                                REVERSED and REMANDED                                 







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