Ex parte WIRTH et al. - Page 6




          Appeal No. 1997-2566                                                        
          Application No. 08/330,642                                                  


          height.  Lacking in Galves is the requisite disclosure of                   
          needles having a uniform height in excess of 10 µm which would              
          result in the membrane cover of Kwasnick necessarily conforming             
          and being                                                                   
          in intimate contact around the protrusions while being within               
          10 µm of the first surface 34.                                              
               The secondary references applied by the examiner do not                
          remedy the above-mentioned deficiency.                                      
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         

                                       REVERSED                                       



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         PETER F. KRATZ                )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     

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