Ex parte HENNESSEY - Page 7




                  Appeal No. 1998-2979                                                                                                                    
                  Application No. 08/274,923                                                                                                              


                           Since we find that claims 1 and its dependent claims 2-8 are not anticipated by the                                            
                  express teachings of Kuechlin or by inherency, we cannot sustain the rejection under 35                                                 
                  U.S.C. § 102.   Claim 9 contains similar limitations to claim 1, and we cannot sustain the                                              
                  rejection of claim 9 and its dependent claims 10-17 under 35 U.S.C. § 102 for the same                                                  
                  reasons.                                                                                                                                
                                                                  CONCLUSION                                                                              

                           To summarize, the decision of the examiner to reject claims 1-17 under 35 U.S.C. §                                             
                  102 is reversed.                                                                                                                        


                                                                    REVERSED                                                                              


                                             KENNETH W. HAIRSTON                                   )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JOSEPH F. RUGGIERO                                    )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JOSEPH L. DIXON                                       )                                                      
                                             Administrative Patent Judge                           )                                                      



                                                                            7                                                                             





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007