Ex parte URRY - Page 9

                  Appeal No.  1999-0623                                                                                    
                  Application No.  08/316,802                                                                              
                  Appendix B of the Brief).  Therefore, on this record, we are compelled to find that                      
                  the examiner failed to meet his burden of presenting the evidence necessary to                           
                  sustain a rejection under 35 U.S.C. § 112, second paragraph.                                             
                         Accordingly, we reverse the rejection of claim 28 under 35 U.S.C. § 112,                          
                  second paragraph.                                                                                        



                                                      REVERSED                                                             



                                                                           )                                               
                                       SHERMAN D. WINTERS                  )                                               
                                       Administrative Patent Judge         )                                               
                                                                           )                                               
                                                                           )                                               
                                                                           ) BOARD OF PATENT                               
                                       WILLIAM F. SMITH                    )                                               
                                       Administrative Patent Judge         )   APPEALS AND                                 
                                                                           )                                               
                                                                           ) INTERFERENCES                                 
                                                                           )                                               
                                       DONALD E. ADAMS                     )                                               
                                       Administrative Patent Judge         )                                               
















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