Ex Parte HOWARD - Page 7



          Appeal No. 2000-0937                                                        
          Application 08/959,620                                                      

          23-32.  Since the examiner has not addressed the scope of the               
          claimed invention required by these transitional phrases, we find           
          that the examiner has failed to demonstrate that the disclosure             
          of Sudo fully meets the invention set forth in claims 23-32.                
          In summary, we have sustained the examiner’s rejection                      
          with respect to claims 1-9, but we have not sustained this                  
          rejection with respect to claims 23-32.  Therefore, the decision            
          of the examiner rejecting claims 1-9 and 23-32 is affirmed-in-              
          part.                                                                       
          No time period for taking any subsequent action in                          
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
          AFFIRMED-IN-PART                                                            


                                                       )                              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LEE E. BARRETT      )                                        
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         MAHSHID SAADAT                )                              
                         Administrative Patent Judge   )                              

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