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 The rejection is therefore withdrawn.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as it included any consideration of claims 1, 2, 5 to 7, 16, 17 and 19 to 21, the appeal as to those claims having been withdrawn; (2) the examiner’s decision to reject claims 8, 9, 12 to 15, 22, 23 and 25 to 28 under 35 U.S.C. § 103(a) remains reversed; (3) the rejection under 35 U.S.C. § 102(b) pursuant to 37 CFR 1.196(b) is withdrawn.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 ) 3Page: Previous 1 2 3 4 NextLast modified: November 3, 2007