Ex parte KENDRICK - Page 15




          Appeal No. 1999-2064                                      Page 15           
          Application No. 08/619,853                                                  


          the examiner's treatment of the Kendrick Declaration was                    
          appropriate.                                                                


               For the reasons set forth above, the decision of the                   
          examiner to reject claims 29 to 48 under 35 U.S.C.  103 is                 
          affirmed with respect to claims 29, 37 and 39 and reversed                  
          with respect to claims 30 to 36, 38 and 40 to 48.                           


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 29 to 48 under 35 U.S.C.  103 is affirmed with respect              
          to claims 29, 37 and 39 and reversed with respect to claims 30              
          to 36, 38 and 40 to 48.  In addition, the application has been              
          remanded to the examiner to determine whether or not the                    
          Kendrick Declaration is sufficient to overcome Mowry and if                 
          not, whether claims 30 to 36, 38 and 40 to 48 are patentable                
          under 35 U.S.C.  103.                                                      


               In addition to affirming the examiner's rejection of one               
          or more claims, this decision contains a remand.  37 CFR                    
           1.196(e) provides that                                                    







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