Appeal No. 1996-3846
Application No. 08/251,649
the invention as recited in claim 37 based upon the examiner’s statement of the basis of
the rejection as recited in the supplemental answer. Therefore, we cannot sustain the
examiner’s rejection of claim 37 based upon 35 U.S.C. § 102.
CONCLUSION
To summarize, the decision of the examiner to reject claim 1 under 35 U.S.C. §
103 is reversed, and the decision of the examiner to reject claim 37 under 35 U.S.C. § 102
is reversed.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOSEPH L. DIXON )
Administrative Patent Judge )
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