Ex parte BENNETT et al. - Page 9




          Appeal No. 1997-2667                                                        
          Application No. 07/632,907                                                  


          In other words, the applied prior art as whole would have                   
          taught away from the claimed subject matter.  Since the                     
          examiner has not established obviousness regarding the claimed              
          subject matter as indicated supra, we reverse the examiner’s                
          decision rejecting all of the appealed claims under 35 U.S.C.               
          § 103 as well.                                                              
               In view of the foregoing, the decision of the examiner is              
          reversed.                                                                   
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 

                                      REVERSED                                        



          CHUNG K. PAK                 )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    PETER F. KRATZ               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    MICHAEL P. TIERNEY           )                                    
                    Administrative Patent Judge  )                                    

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