Ex parte ZANZIG et al. - Page 10




          Appeal No. 1998-2083                                                        
          Application No. 08/471,584                                                  


          with Holtkamp and Worthington by the examiner against claims                
          77 and 80 on appeal.  However, we find nothing in Smith which               
          makes up for the deficiencies of Holtkamp and Worthington                   
          discussed above regarding claims 17 and 78.                                 
               Accordingly, we will also not sustain the 35 U.S.C. § 103              
          rejection of dependent claims 77 and 80.                                    
                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 78 through 81 under 35 U.S.C. § 112, second paragraph,               
          is reversed.  The decision of the examiner to reject claims 17              
          and 75 through 80 under 35 U.S.C. § 103 is reversed.                        
                                      REVERSED                                        




                    IRWIN CHARLES COHEN                )                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JEFFREY V. NASE     )     APPEALS AND                             
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JOHN F. GONZALES             )                                    
                    Administrative Patent Judge  )                                    

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