Ex parte RUPFLIN - Page 8




          Appeal No. 1999-2542                                                        
          Application No. 08/832654                                                   


          entirety, as above, and fully taken into account the point of               
          view of the examiner as expressed in the answer, for the                    
          reasons articulated herein we are constrained to conclude that              
          the evidence before us simply does not support a conclusion of              
          obviousness.                                                                


               In summary, this panel of the board has:                               


               reversed the rejection of claims 4 through 6 and 8                     
          through 10 under 35 U.S.C. § 103 as being unpatentable over                 
          Corain in view of Nicholas; and                                             


          reversed the rejection of claims 4 through 6 and 8 through 10               


          under 35 U.S.C. § 103 as being unpatentable over Winnie in                  
          view of Nicholas and Vinciguerra.                                           
               No time period for taking any subsequent action                        
          in connection with this appeal may be extended under                        
          37 CFR § 1.136(a).                                                          
                                      REVERSED                                        


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