Ex parte FLANNERY et al. - Page 5




               Appeal No. 2000-0575                                                                      Page 5                   
               Application No. 08/599,680                                                                                         


               Therefore, the examiner has not established a prima facie case of obviousness, and we                              
               cannot sustain the rejection of independent claim 1 and its dependent claims 2, 4 and 21.                          
               Similarly, independent claims 5, 19, 20, and 24-28 contain similar limitation.                                     
               Therefore, we cannot sustain the rejection of these claims and their dependent claims 6-                           
               13, 15-18, 22, and 23.                                                                                             
                      With respect to claims 3 and 14, Cooke does not remedy the deficiency in the                                
               combination of Darden and Harase.  Therefore, we cannot sustain the rejection of these                             
               claims.                                                                                                            
                                                        CONCLUSION                                                                

                      To summarize, the decision of the examiner to reject claims 1-28 under                                      
               35 U.S.C. § 103 is reversed.                                                                                       
                                                          REVERSED                                                                




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








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