Ex parte CAREY et al. - Page 10




         Appeal No. 1997-3868                                     Page 10          
         Application No. 08/538,838                                                


         Gore & Associates v. Garlock, Inc., 721 F.2d 1540, 1553, 220              
         USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469 U.S. 851             
         (1984); In re Rothermel, 276 F.2d 393, 396, 125 USPQ 328, 331             
         (CCPA 1960).  Accordingly, we will not sustain the examiner’s             
         § 103 rejections of the appealed claims.                                  
                                   CONCLUSION                                      
              The decision of the examiner to reject claims 1, 3, 4, 7-            
         14 and 16-20 under 35 U.S.C. § 103 as being unpatentable over             
         Watkin in view of Bennett, Kasper or the prior art admission;             
         claims 5 and 6 under 35 U.S.C. § 103 as being unpatentable                
         over Watkin in view of Bennett, Kasper or the prior art                   
         admission, and further in view of Nath; claim 15 under 35                 
         U.S.C. § 103 as being unpatentable over Watkin in view of                 
         Bennett, Kasper or the prior art admission, and further in                
         view of Anagnostou; claims 2 and 13 under 35 U.S.C. § 103 as              
         being unpatentable over Watkin in view of Bennett, Kasper or              
         the prior art admission, and further in view of either Turner             
         or Staats; and claims 30 and 31 under                                     
         35 U.S.C. § 103 as being unpatentable over Watkin in view of              
         either Bennett or the prior art admission is reversed.                    








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