Ex parte REILLY - Page 9




          Appeal No. 2001-0730                                       Page 9           
          Application No. 09/221,543                                                  


               To summarize, the decision of the examiner to reject                   
          claims 5 to 7 and 12 under 35 U.S.C. § 103 is reversed.  In                 
          addition, this application has been remanded to the examiner                
          for further consideration.                                                  


               This application, by virtue of its "special" status,                   
          requires immediate action, see MPEP § 708.01 (Eighth Edition,               
          Aug. 2001).                                                                 
                                REVERSED and REMANDED                                 





                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES E. FRANKFORT          )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              









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