Ex parte SMITH et al. - Page 8




          Appeal No. 2000-1121                                                        
          Application No. 08/827,656                                                  


               The examiner has not contended and we do not consider the              
          above-discussed deficiencies of Rutherford to be supplied by                
          the additionally applied references to Cline and Morris.                    
          Accordingly, we also cannot sustain the examiner’s Section 103              
          rejections of claims 27 and 28 as being unpatentable over                   
          Rutherford in view of Cline and of claim 30 as being                        
          unpatentable over Rutherford in view of Morris.                             
               The decision of the examiner is reversed.                              


                                      REVERSED                                        
                                                                                     

          EDWARD C. KIMLIN             )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                    )                                                                 
                                                  )   BOARD OF PATENT                 
                    BRADLEY R. GARRIS            )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
          BEVERLY A. PAWLIKOWSKI       )                                              
                    Administrative Patent Judge  )                                    



          BRG:hh                                                                      

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