Ex parte FAHIMI et al. - Page 7




                  Appeal No. 1998-3355                                                                                                                    
                  Application No. 08/665,167                                                                                                              


                  14-18.  The examiner has not  addressed the obviousness of claim 1 as to Eaton alone                                                    
                  therefore, we will include dependent claims 4, 5, and 10 with the grouping of claim 1, and                                              
                  we will not sustain the rejection of claims 4, 5, and 10 under 35 U.S.C. § 103.                                                         
                                                                  CONCLUSION                                                                              

                           To summarize, the decision of the examiner to reject claims 1-18  under 35 U.S.C.                                              
                  §§ 102 and 103 is reversed.                                                                                                             


                                                                    REVERSED                                                                              




                                             MICHAEL R. FLEMING                                    )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JOSEPH L. DIXON                                       )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             ANITA PELLMAN GROSS                                   )                                                      
                                             Administrative Patent Judge                           )                                                      

                  jld/vsh                                                                                                                                 


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