Ex Parte MCCALL et al - Page 13




                    Appeal No. 2002-0767                                                                                                                                  
                    Application No. 09/382,381                                                                                                                            


                    To summarize our decision, we note that a) the examiner's                                                                                             
                    rejection of claims 1 through 8, 10 through 13, 19 and 20 under                                                                                       
                    35 U.S.C. § 112, first paragraph, on the basis of lack of                                                                                             
                    enablement has not been sustained and b) the examiner's rejection                                                                                     
                    of claims 1 through 8 and 10 through 20 on appeal under 35 U.S.C.                                                                                     
                    § 102(e) based on Denninger has likewise not been sustained.                                                                                          


                    In light of the foregoing, the decision of the examiner is                                                                                            
                    REVERSED.                                                                                                                                             


                                                                             REVERSED                                                                                     


                                                  IRWIN CHARLES COHEN                                        )                                                            
                                                  Administrative Patent Judge                                )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  CHARLES E. FRANKFORT                                       )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                  JEFFREY V. NASE                                            )                                                            
                                                  Administrative Patent Judge                                )                                                            
                    CEF/lbg                                                                                                                                               



                                                                                   1313                                                                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007