Ex Parte LEID et al - Page 11


                 Appeal No. 2001-0531                                                         Page 11                    
                 Application No. 08/216,592                                                                              

                                                       Summary                                                           
                        The examiner has not shown that a person of ordinary skill in the art would                      
                 have been led to combine the teachings of Glass and Mangelsdorf and thereby                             
                 produce the claimed method.  In addition, Appellants have effectively antedated                         
                 Yu by showing prior conception of the claimed method, coupled with diligence to                         
                 a constructive reduction to practice.  We therefore reverse all of the rejections on                    
                 appeal.                                                                                                 


                                                     REVERSED                                                            


                                       William F. Smith                  )                                              
                                       Administrative Patent Judge        )                                              
                                                                          )                                              
                                                                          )                                              
                                                                          ) BOARD OF PATENT                              
                                       Eric Grimes                       )                                              
                                       Administrative Patent Judge        )   APPEALS AND                                
                                                                          )                                              
                                                                          ) INTERFERENCES                                
                                                                          )                                              
                                       Lora M. Green                     )                                              
                                       Administrative Patent Judge        )                                              





                 EG/dym                                                                                                  











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