Ex Parte HENRY - Page 25



          Appeal No. 2001-2205                                                        
          Application 09/228,987                                                      

          In summary, the examiner's rejection of claims 1, 2, 3 and 5                
          under 35 U.S.C. § 102(e) as being anticipated by Sosebee has been           
          reversed, as has the rejection of claim 11 under 35 U.S.C.                  
          § 102(b) based on Hubbard.  However, the examiner’s rejection of            
          claims 1, 2, 3 and 5 on appeal under 35 U.S.C. § 102(b) based               
          Johnson has been sustained, as has the rejection of claims 6 and            
          7 under 35 U.S.C. § 103 based on Johnson.  The examiner’s                   
          rejection of claims 4 and 15 through 17 under 35 U.S.C. § 102(b)            
          based on Johnson has not been sustained.                                    
          In light of the foregoing, the decision of the examiner is                  
          affirmed-in-part.                                                           














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