Appeal No. 1998-2645 Page 8
Application No. 08/815,747
220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S.
851 (1984). It follows that we cannot sustain the examiner's
rejections of claims 1 and 3 to 10.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 and 3 to 10 under 35 U.S.C. § 112, second paragraph,
is affirmed with respect to claims 5 to 9 and reversed with
respect to claims 1, 3, 4 and 10 and the decision of the
examiner to reject claims 1 and 3 to 10 under 35 U.S.C. § 103
is reversed.
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