Appeal No. 2001-2422
Application No. 08/817,573
Accordingly, we will not sustain either of the examiner's
additional rejections under 35 U.S.C. § 103.
In summary: the decision of the examiner to reject claims
1, 2, 5, 8 and 9 under 35 U.S.C. § 102(e) based on Jessup '158
is reversed, as is the examiner's decision to reject dependent
claims 3 and 7 under 35 U.S.C. § 102(e)/103 based on Jessup
'158 alone and claims 4 and 6 under 35 U.S.C. § 103 based
respectively on Jessup '158 and Pieniak or the two Unicharm
references.
REVERSED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JEFFREY V. NASE )
Administrative Patent Judge )
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