Ex Parte ROTH et al - Page 13

                  Appeal No. 1997-3036                                                                                                                    
                  Application No. 08/268,094                                                                                                              


                                                                     Observation                                                                          
                           In the event of further prosecution of this application, we note that claim 4 recites that "A,                                 
                  T, and n are as defined in claim 1."  Claim 1 was canceled by appellants with the Amendment                                             
                  Under Rule 115 filed December 6, 1994.  As such, claim 4 refers to a canceled claim for the                                             
                  definition of variables A, T and n.  This discrepancy should be resolved upon further prosecution.                                      
                                                                      Conclusion                                                                          
                           To summarize, the decision of the examiner to reject claims 2-4, 7 and 10-11 under 35                                          
                  U.S.C. § 103(a) over Fekete or Takiyama in view of Green or Kajiwara is Reversed.                                                       
                                                                     REVERSED                                                                             


                                            TERRY J. OWENS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             PAUL LIEBERMAN                                        )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             MICHAEL P. TIERNEY                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                  MPT:lmb                                                                                                                                 





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