Appeal No. 2000-0290 Page 6
Application No. 08/670,805
the particular material recited following the phrase "the
improvement comprises" in claim 10 cannot be ignored under 35
U.S.C. § 103. When that material is given weight as required
under 35 U.S.C.
§ 103, it is clear that the examiner has not established that
the subject matter of claim 10 would have been obvious at the
time the invention was made to a person having ordinary skill
in the art. Accordingly, the decision of the examiner to
reject claim 10, and claims 5 and 11 dependent thereon, under
35 U.S.C. § 103 is reversed.
CONCLUSION
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