Ex Parte HIBI - Page 6




                  Appeal No. 2002-1145                                                                                        Page 6                      
                  Application No. 09/335,471                                                                                                              


                           For the reasons set forth above, the decision of the examiner to reject claim 12,                                              
                  and claim 13 dependent thereon, under 35 U.S.C. § 103 is reversed.4                                                                     


                                                                  CONCLUSION                                                                              
                           To summarize, the decision of the examiner to reject claims 12 and 13 under                                                    
                  35 U.S.C. § 103 is reversed.                                                                                                            
                                                                    REVERSED                                                                              





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



                           4 We have also reviewed the reference to Picot additionally applied in the rejection of claim 13                               
                  (dependent on claim 12) but find nothing therein which makes up for the deficiencies of the AAPA and                                    
                  Kellogg discussed above regarding claim 12.                                                                                             






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