Ex Parte WHITMIRE - Page 8




          Appeal No. 1999-0937                                                        
          Application No. 08/646,530                                                  


          teaching, and was not applied by the examiner for that purpose.3            
          Since the evidence does not support a conclusion of obviousness,            
          the rejection of claim 14 under 35 U.S.C. § 103 cannot be                   
          sustained.                                                                  


               As expressed above, we have not sustained the rejections of            
          independent claims 1 and 14.  It follows that we do not sustain             
          the respective rejections of the claims dependent therefrom.                



               In summary, this panel of the board has not sustained any of           
          the rejections on appeal.                                                   















               3 The same can be said for the Morford patent, also relied             
          upon by the examiner.                                                       
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