Ex parte SHI et al. - Page 6

          Appeal No. 1998-2876                                                        
          Application No. 08/592,930                                                  

          or scientific reasoning and thus cannot be regarded as                      
          reasonable.  See Ex parte Skinner, 2 USPQ2d 1788, 1789 (Bd.                 
          Pat. App. & Int. 1986).  This deficiency is fatal to each of                
          the prior art rejections advanced by the examiner on this                   
          appeal.                                                                     
               As a consequence, we also will not sustain the section                 
          102(e) rejection based on Tsumura, the section 103 rejection                
          based on Tsumura in view of Masi or the section 102(b)                      
          rejection based on Kishimoto.                                               




               The decision of the examiner is reversed.                              
                                      REVERSED                                        




          Bradley R. Garris               )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Chung K. Pak                    ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Howard B. Blankenship                   )                              
                                          6                                           





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