Ex parte NAKAMURA - Page 6




          Appeal No. 1997-0858                                                        
          Application No. 08/323,065                                                  

          derived from the applied prior art.  W.L. Gore & Associates                 
          Inc. v. Garlock, Inc. 721 F.2d 1540, 1553, 220 USPQ 303, 312-               
          313.                                                                        
               Under the foregoing circumstances, we cannot sustain the               
          examiner's § 103 rejection of claims 1, 5, 8 and 12 through 14              
          as being unpatentable over Harada in view of Wang and                       
          DeLozanne.  Moreover, since the deficiency of this rejection                
          is shared by the                                                            
          rejections of dependent claims 3 and 4, these dependent claims              
          rejections also cannot be sustained.                                        







               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                    JOHN D. SMITH                 )                                   
                    Administrative Patent Judge )                                     
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    BRADLEY R. GARRIS        )     APPEALS AND                        
                                          6                                           





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