Appeal 1997-2572
Application 08/220,562
We recognize that the examiner withdrew a rejection based
on EPA, believing Okinoshima to be closer. In light of our
findings and conclusion, the examiner may wish to reevaluate
whether EPA is in fact a closer reference. Nothing in this
opinion should be construed as precluding the examiner from
entering a rejection of claims based on EPA.
D. Order
Upon consideration of the record, and for the reasons
given, it is
ORDERED that the examiner's rejections based on
Okinoshima are reversed.
REVERSED.
______________________________
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
______________________________)
FRED E. McKELVEY, Senior ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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