Appeal No. 2000-1003
Application No. 08/631,465
under section 103 as in the rejection here at issue. Symbol
Techs., Inc. v. Opticon, Inc., 935 F.2d 1569, 1578, 19 USPQ2d
1241, 1247 (Fed. Cir. 1991).
For the reasons set forth above, we will sustain the section
103 rejection based on Mosely, Barnes, Hoshino, Ito, Bowen and
Shiraishi as applied to claims 21 and 33 but not as applied to
claims 9-11, 14, 19, 26, 28 and 31.
Conclusion
The decision of the examiner is affirmed-in-part.
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
Bradley R. Garris )
Administrative Patent Judge )
)
)
)
Thomas A. Waltz ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Jeffrey T. Smith )
Administrative Patent Judge )
BRG:tdl
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