Appeal No. 2001-0372
Application 08/928,242
the findings are deemed to support the agency’s conclusion.”
In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.
2002).
Upon our review of Gallivan, we fail to find that the
Gallivan bars 37 encoded onto ball lens 36 can be fairly read on
Appellant’s claimed bar code target. Therefore, we will not
sustain the Examiner’s rejection of claims 11, 13 and 18 through
20.
In view of the foregoing, the decision of the Examiner
rejecting claims 1 through 3, 9, 10, 12 and 17 under 35 U.S.C.
§ 103 is affirmed; however, the decision of the Examiner
rejecting claims 11, 13 and 18 through 20 under 35 U.S.C. § 103
is reversed.
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