Ex parte KITO - Page 6




                  Appeal No. 1998-0995                                                                                                                    
                  Application 08/387,298                                                                                                                  


                           1011, 1016, 154 USPQ 173, 177 (CCPA 1967).                                                                                     






                           In regards to the rejection of claims 15 through 17, 20 and 21 under 35 U.S.C.                                                 
                  § 103 as being unpatentable over Bianco in view of Palmer, we fail to find that Bianco or                                               
                  Palmer suggest the above discussed Examiner's modification.  Therefore, we will not                                                     
                  sustain this rejection for the same reasons as above.                                                                                   
                           In view of the foregoing, we have not sustained the rejection of claims 6, 10, 15                                              
                  through 17, 20 and 21 under 35 U.S.C. § 103.  Accordingly, the Examiner's decision is                                                   
                  reversed.                                                                                                                               
                                                                    REVERSED                                                                              




                                    JERRY SMITH                                           )                                                               
                                    Administrative Patent Judge                           )                                                               
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                                                                                          )                                                               
                                                                                          )   BOARD OF PATENT                                             
                                    MICHAEL R. FLEMING                                    )     APPEALS AND                                               
                                    Administrative Patent Judge                           )    INTERFERENCES                                              
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