Ex parte GILPATRICK - Page 8




               Appeal No. 1997-4392                                                                                                    
               Application No. 08/639,515                                                                                              


                       We have additionally reviewed the patent to Shimizu, but find nothing in this reference which                   

               provides a teaching to overcome the deficiencies we have noted above in the basic combination of                        

               Altman and Eschenbach.  Accordingly, we cannot sustain the examiner’s rejection of dependent claims                     

               14 and 16, which depend from claim 12.                                                                                  












                       In light of the forgoing, the decision of the examiner to reject claims 12-16 under 35 U.S.C. §                 

               103(a) is reversed.                                                                                                     

                                                            REVERSED                                                                   





                               CHARLES E. FRANKFORT                    )                                                               
                               Administrative Patent Judge  )                                                                          
                                                                       )                                                               
                                                                       )                                                               
                                                                       )   BOARD OF PATENT                                             
                               JEFFREY V. NASE                         )     APPEALS AND                                               
                               Administrative Patent Judge )    INTERFERENCES                                                          

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