Ex Parte KRAGLE - Page 8



          Appeal No. 2001-0786                                                        
          Application No. 09/089,575                                                  

          persuasive weight.  Therefore, the rejection of claims 2 and 8 is           
          affirmed.                                                                   
                                     Conclusion                                       
               The rejection of claim 1 under 35 U.S.C. § 102(b) as                   
          anticipated by Duerr is reversed.  The rejection of claims 3 and            
          4 under 35 U.S.C. § 103(a) as unpatentable over Duerr in view of            
          Kragle is reversed.  The rejection of claims 2 and 8 under 35               
          U.S.C. § 103(a) as unpatentable over Duerr in view of Kragle is             
          affirmed.                                                                   
               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                                    

                    WILLIAM F. PATE, III         )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    ADRIENE LEPIANE HANLON       )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JAMES T. MOORE               )                                    
                    Administrative Patent Judge  )                                    
          ALH:hh                                                                      

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