Appeal No. 1998-0553
Application 08/405,372
how the scrap graphite and particles falling therefrom would be manipulated during
practice of the appellants’ claimed method.
Under the circumstances recounted above, we are constrained to agree with the
appellants that the references applied by the examiner are deficient in the manner
described above and correspondingly that the examiner’s § 103 rejection of claims
27-40 as being unpatentable over these references cannot be sustained.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
BRADLEY R. GARRIS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ROMULO H. DELMENDO )
Administrative Patent Judge )
BRG:yrt
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