Ex parte DEPORTER et al. - Page 7

                    Appeal No. 1996-3306                                                                                                                                   
                    Application No. 08/145,380                                                                                                                             
                    applied to claims 1-12 is unclear.  Nevertheless, given our conclusion that a prima facie                                                              
                    case of obviousness has not been established for the claimed method irrespective of the                                                                
                    level of peroxide (e.g., claim 1), our conclusion is not affected by what Mack discloses.                                                              
                              The decision of the examiner is reversed.                                                                                                    
                                                                            REVERSED                                                                                       



                                                                                                              )                                                            
                                                  SHERMAN D. WINTERS                                          )                                                            
                                                  Administrative Patent Judge                                 )                                                            
                                                                                                              )                                                            
                                                                                                              )                                                            
                                                                                                              ) BOARD OF PATENT                                            
                                                  WILLIAM F. SMITH                                            )                                                            
                                                  Administrative Patent Judge                                 )  APPEALS AND                                               
                                                                                                              )                                                            
                                                                                                              )  INTERFERENCES                                             
                                                                                                              )                                                            
                                                  HUBERT C. LORIN                                             )                                                            
                                                  Administrative Patent Judge                                 )                                                            















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