Ex parte DEILY et al. - Page 6




                 Appeal No. 1998-1824                                                                                                                   
                 Application No. 08/463,383                                                                                                             


                 U.S.C. § 103, and whether the combined teachings of the Bales,                                                                         
                 Linne, and Kalt patents would have been suggestive of the                                                                              
                 subject matter of method claim 17 under 35 U.S.C. § 103.3                                                                              
                          In summary, this panel of the board has reversed the                                                                          
                 examiner’s rejection of claims 16 and 17 under 35 U.S.C. § 103                                                                         
                 and remanded the application to the examiner for assessment of                                                                         
                 the matters set forth above.                                                                                                           


                                   The decision of the examiner is reversed.                                                                            


                                                         REVERSED AND REMANDED                                                                          





                 HARRISON E. McCANDLISH                                                           )                                                     
                 Senior Administrative Patent Judge                                                                                                     
                                            )                                                                                                           
                                                                                                  )                                                     
                                                                                                  )                                                     

                          3The Bales (U.S. Patent No. 5,054,482) and Kalt (U.S.                                                                         
                 Patent No. 5,000,741) documents were extensively discussed in                                                                          
                 the referenced earlier decision (Appeal No. 97-0082) of the                                                                            
                 Board of Patent Appeals and Interferences. In particular, on                                                                           
                 pages 10, 17, and 18 of the decision the Bales teaching is                                                                             
                 addressed, while on page 15 of the decision the Kalt                                                                                   
                 disclosure is discussed.                                                                                                               
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