Ex parte NYE et al. - Page 8




                  Appeal No. 1997-3670                                                                                                                    
                  Application No. 08/541,799                                                                                                              


                           Accordingly, we make no determination that none of the applied references may or                                               
                  may not be applicable to the instant claimed subject matter but only that the examiner has                                              
                  not established a prima facie case of anticipation of the claimed subject matter since the                                              
                  examiner has either ignored specific claim limitations or cavalierly brushed the limitations                                            
                  aside by asserting them to “read on any computer control.”                                                                              
                           We have reversed the rejection of claims 1-38 under 35 U.S.C. § 112 and we have                                                
                  reversed the rejection of claims 1-37 under 35 U.S.C. § 102.                                                                            
                           The examiner’s decision is reversed.                                                                                           
                                                                    REVERSED                                                                              



                                    KENNETH W. HAIRSTON                          )                                                                        
                                    Administrative Patent Judge  )                                                                                        
                                                                                 )                                                                        
                                                                                 )                                                                        
                                                                                 )   BOARD OF PATENT                                                      
                                    ERROL A. KRASS                               )     APPEALS AND                                                        
                                    Administrative Patent Judge  )    INTERFERENCES                                                                       
                                                                                 )                                                                        
                                                                                 )                                                                        
                                                                                )                                                                        
                                    MICHAEL R. FLEMING         )                                                                                          
                                    Administrative Patent Judge  )                                                                                        
                  eak/vsh                                                                                                                                 




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