Appeal No. 1997-2008
Application No. 08/270,931
Furthermore, Nysen II compensates for temperature
variations without including a reference element. Therefore,
Nysen II eliminates the need for providing independence from
temperature, Schwartz's reason for using a reference element.
Accordingly, if anything, Nysen II teaches away from the
combination with Schwartz, thereby providing a further reason
for a reversal of the obviousness rejection of claims 1
through 43 over Nysen II and Schwartz.
CONCLUSION
The decision of the examiner rejecting claims 1 through
43 under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ANITA PELLMAN GROSS )
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