Ex parte FREEOUF - Page 10

          Appeal No. 1997-1249                                                        
          Application 08/179,601                                                      


          We have not sustained the rejection of claims 2 through                     
          4, 11 through 13 and 28 through 32 under 35 U.S.C. § 103.                   
          Accordingly, the Examiner's decision is reversed.                           
                                     REVERSED                                         




          Michael R. Fleming              )                                           
               Administrative Patent Judge     )                                      
                         )                                                            
                                                  )                                   
                                                  )                                   
                         Joseph F. Ruggiero              ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                       )                              
               Stuart N. Hecker                   )                                   
                         Administrative Patent Judge     )                            
                                                                                     

          SNH/cam                                                                     







               (...continued)2                                                                     
          recites “said at least one intrinsic layer”.  This language should be corrected to be consistent with the
          new independent claim from which they depend.                               
                                          10                                          





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