Ex parte GAGNE et al. - Page 8




          Appeal No. 1997-2708                                                        
          Application No. 08/337,204                                                  

          cannot sustain the obviousness rejection of claims 75, 91,                  
          118, and 147.                                                               
               Regarding the obviousness rejection of claims 31, 37, and              
          38 over Sparrow and Kimizu, Kimizu does not cure the                        
          deficiencies of Sparrow.  Therefore, we cannot sustain the                  
          obviousness rejection of claims 31, 37, and 38.                             
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 28 through               
          30, 33 through 36, 70, 72 through 74, 78 through 80, 83, 84,                
          88 through 90, 92, 117, 141 through 146, 148 through 150, and               
          157 under 35 U.S.C.  102 is reversed.  The decision of the                 
          examiner rejecting claims 31, 37, 38, 75, 91, 118, and 147                  
          under 35 U.S.C.  103 is reversed.                                          
                                      REVERSED                                        




                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         ERROL A. KRASS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
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