Ex parte IRWIN III - Page 9




              Appeal No. 2001-1792                                                                 Page 9                 
              Application No. 09/291,716                                                                                  


                     This being the case, a prima facie case of obviousness is lacking, and we will not                   
              sustain the section 103 rejection of independent claim 11 or dependent claims 12-19.                        
                                                      SUMMARY                                                             
                     The rejection of claims 1, 2, 4-6 and 8 as being anticipated by Maxwell is sustained.                


                     The rejection of claims 3 and 7 as being anticipated by Maxwell is not sustained.                    
                     The rejection of claims 9 and 10 as being unpatentable over Maxwell is not                           
              sustained.                                                                                                  
                     The rejection of claims 11-19 as being unpatentable over Kieselhorst is not                          
              sustained.                                                                                                  
                     The decision of the examiner is affirmed-in-part.                                                    

























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