Appeal No. 2000-0356 Page 11
Application No. 08/825,424
on Frater merely “for the details of the magnetic disk drive,”
(Final Rejection at 5), the examiner fails to allege, let
alone show, that the tertiary reference cures the defect of
the primary and secondary references. Therefore, we reverse
the rejection of claims 40 and 49 and of claims 41-47 and 49-
55, which respectively depend therefrom.
CONCLUSION
In summary, the rejection of claims 40-55 under § 103(a)
is reversed.
REVERSED
LEE E. BARRETT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
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