Ex parte SAUERBREY et al. - Page 7




          Appeal No. 1998-3000                                                        
          Application No. 08/485,412                                                  


          through 13, 20 through 22, 24 through 29, 70, 73, 74, 76, 101               
          through 103 and 112 through 120 is reversed because we are not              
          convinced by the examiner’s reasoning that the skilled artisan              
          would have changed the ion radiation in Schoch to another type              
          of radiation based upon the teachings of Tanaka.                            
               The obviousness rejections based upon the additional                   
          teachings of Herndon, Jensen and Mihara are reversed because                
          the shortcomings in the teachings of Schoch and Tanaka are not              
          cured by the teachings of these references.                                 
                                      DECISION                                        
               The decision of the examiner rejecting claims 2 through                
          18, 20 through 22, 24 through 29, 51, 55 through 58, 70, 73,                
          74, 76, 101 through 103 and 112 through 120 is reversed.                    


                                      REVERSED                                        


                                                       )                              
                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         KENNETH W. HAIRSTON                )                         
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007