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 1313Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007