Ex parte SU - Page 3




          Appeal No. 1998-2893                                                        
          Application 08/467,552                                                      


          (“absence from the reference of any claimed element negates                 
          anticipation”).  The rejection is therefore withdrawn.                      


               In summary, the request is granted to the extent that:                 
          (1) the decision (Paper No. 40) is vacated insofar as it                    
          included any consideration of claims 1, 2, 5 to 7, 16, 17 and               
          19 to 21, the appeal as to those claims having been withdrawn;              
          (2) the examiner’s decision to reject claims 8, 9, 12 to 15,                
          22, 23 and 25 to 28 under 35 U.S.C. § 103(a) remains reversed;              
          (3) the rejection under 35 U.S.C. § 102(b) pursuant to 37 CFR               
          1.196(b) is withdrawn.                                                      
                                       GRANTED                                        





                                                                                     
                                                                                     
                                                                                     
          IAN A. CALVERT                                         )                    
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              

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