Ex Parte RATZEL et al - Page 7




             Appeal No. 2001-1916                                                             Page 7               
             Application No. 09/189,551                                                                            


             (4) after making the above-noted three determinations, determine if any pending claim                 
             is either (i) anticipated under 35 U.S.C. § 102 by the admitted prior art discussed on                
             page 2 of the specification and page 15 of the brief, or (ii) rendered obvious under                  
             35 U.S.C. § 103 when that admitted prior art is combined with other prior art.                        


                                                 CONCLUSION                                                        
                    To summarize, the decision of the examiner to reject claims 1 to 5, 9 to 14, 41,               
             42, 47, 48, 59 to 62 and 68 under 35 U.S.C. § 103 is reversed.  In addition, the                      
             application has been remanded to the examiner for further consideration.                              



























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