The rejection of Claim 26 is affirmed. The rejection of claims 20-25 and 27-32 is reversed.7
REVERSED.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
SALLY GARDNER-LANE )
Administrative Patent Judge )
7
A reversal of an appealed rejection should not be construed as an affirmative indication that the
applicants’ claims are patentable. We address only the positions and rationale as set forth by the examiner and
applicants, mindful that the examiner has the burden of proving unpatentability. In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d 1443, 1444 (Fed. Cir. 1992).
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