Ex parte ABBOTT - Page 8




          Appeal No. 1997-2834                                                        
          Application No. 08/190,729                                                  


          lines 12-23, and column 4, line 65 to column 5, line 8 of                   
          Levine ‘796 and figures 2 and 3, column 2, lines 33-43, and                 
          column 5, lines 22-33 of Levine ‘958).  Therefore, we cannot                
          agree with the examiner that the combined teachings of the                  
          admitted prior art and Levine ‘796 or Levine ‘958 would have                
          led one of ordinary skill in the art to arrive at the subject               
          matter of the appealed claims, absent the benefit of the                    
          appellant’s own disclosure.                                                 
               The decision of the examiner is reversed.                              
                                      REVERSED                                        






                         EDWARD C. KIMLIN              )                              

                         Administrative Patent Judge   ))))) BOARD OF PATENT          

                         BRADLEY R. GARRIS             )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         ROMULO H. DELMENDO            )                              
                         Administrative Patent Judge   )                              




                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007