Ex parte BOGART - Page 8




                  Appeal No. 1999-1483                                                                                        Page 8                      
                  Application No. 08/732,887                                                                                                              

                           Since neither of the requirements set forth in Valmont has been met by Burrows, the                                            
                  applied prior art fails to establish a prima facie case of obviousness with regard to the                                               
                  subject matter recited in claim 1 on the basis of the sixth paragraph of 35 U.S.C.     § 112,                                           
                  and the rejection of independent claim 1, and all of the dependent claims, also cannot be                                               
                  sustained on this ground.                                                                                                               
                                                                  CONCLUSION                                                                              
                           None of the five rejections is sustained.                                                                                      
                           The decision of the examiner is reversed.                                                                                      




                                             IAN A. CALVERT                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             NEAL E. ABRAMS                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      
                  NEA/cam                                                                                                                                 
                  FRANK J MCGUE                                                                                                                           
                  10801 N 32ND STREET                                                                                                                     
                  SUITE 5                                                                                                                                 
                  PHOENIX,  AZ  85028                                                                                                                     








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