Ex Parte BLAKE et al - Page 4

                  Appeal No. 2001-2359                                                                                        Page 4                      
                  Application No. 08/161,194                                                                                                              


                  accorded, Blake would not be a proper reference under 35 U.S.C. § 102(e) because its                                                    
                  filing date would not antedate the effective filing date of the present application.                                                    
                           On the basis of the foregoing, we conclude that Blake in not a proper reference                                                
                  against claim 2 under 35 U.S.C. § 102(e), and the rejection will not be sustained.                                                      
                                                                     SUMMARY                                                                              
                           The rejection is not sustained.                                                                                                
                           The decision of the examiner is reversed.                                                                                      


                                                                    REVERSED                                                                              



                                             HARRISON E. McCANDLISH                                )                                                      
                                             Senior Administrative Patent Judge                    )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             NEAL E. ABRAMS                                        )          APPEALS                                     
                                             Administrative Patent Judge                           )              AND                                     
                                                                                                   )   INTERFERENCES                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      
                  NEA:psb                                                                                                                                 










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