Ex parte SMITH et al. - Page 11




          Appeal No. 1998-1382                                                        
          Application No. 08/330,717                                                  


          claims 1, 21, 32, 34, 36, and 38.  In re Piasecki, 745 F.2d                 
          1468, 1471-72, 223 USPQ 785, 787-88 (Fed. Cir. 1984).                       
               Since the remaining appealed claims all directly or                    
          indirectly depend from these independent claims, it follows                 
          that these dependent claims would also not have been prima                  
          facie obvious to one of ordinary skill in the art. In re Fine,              
          837 F.2d 1071, 1076, 5 USPQ2d 1596, 1600 (Fed. Cir. 1988).                  
               In summary, we reverse the examiner’s § 103 rejections of              
          (i) appealed claims 1 through 4, 6 through 8, 11, 12, 20                    
          through 22, 25 through 27, 30 through 42, and 45 as                         
          unpatentable over Keilman in view of Erb, Sumitomo, and                     
          Bacehowski, (ii) appealed claims 11 through 14 and 45 as                    
          unpatentable over Keilman in view of Erb, Sumitomo,                         
          Bacehowski, and Bonis, and (iii) appealed claims 15 through 19              
          as unpatentable over Keilman in view of Erb, Sumitomo,                      
          Bacehowski, and Stanley.                                                    
               The decision of the examiner is reversed.                              
                                      REVERSED                                        






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