Ex parte SPENCER - Page 11




          Appeal No. 2000-0605                                                        
          Application No. 08/803,779                                                  


               We note appellant's reference on page 13 of the brief to               
          the Spencer declaration (Paper No. 7) filed December 11, 1998.              
          However, as we have determined, supra, that, with regard to                 
          both rejection (1) and rejection (2), the applied references                
          are not sufficient to establish a prima facie case of                       
          obviousness of the claimed subject matter, it is not necessary              
          for us to discuss the Spencer declaration herein.                           
                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 2, 7-10 and 13-17 under 35 U.S.C. § 103(a) is reversed.              


                                      REVERSED                                        





                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge )                                
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JENNIFER D. BAHR              )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                         11                                           





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