Ex Parte BERSTIS - Page 7




                  Appeal No. 2002-0604                                                                                        Page 7                      
                  Application No. 09/240,926                                                                                                              


                                                                     SUMMARY                                                                              
                           The rejection of claim 3 under 35 U.S.C. § 102(a) as being anticipated by                                                      
                  Neumann is not sustained.                                                                                                               
                           The rejection of claims 6, 8-14, 17-23 and 26-28 as being unpatentable over                                                    
                  Neumann is not sustained.                                                                                                               
                           The rejection of claims 32-37 as being unpatentable over Neumann is sustained.                                                 
                           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                                                                            





                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JEFFREY V. NASE                                       )     APPEALS AND                                      
                                             Administrative Patent Judge                           )   INTERFERENCES                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      








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