Ex Parte SMITH et al - Page 8




                  Appeal No. 2001-0813                                                                                        Page 8                      
                  Application No. 08/825,994                                                                                                              


                           In summary, we have not sustained the examiner’s rejection of independent                                                      
                  claims 1 and 19 on appeal.  Therefore, we also do not sustain the examiner’s rejection                                                  
                  of dependent claims 2-5 and 16-18.  Although the remaining dependent claims are                                                         
                  rejected based on Watanabe and additional teachings of Filion, Cummings, Ito and/or                                                     
                  Inoue, none of these additional references overcome the deficiencies of Watanabe                                                        




                  discussed above.  Therefore, we also do not sustain the examiner’s rejection of                                                         
                  dependent claims 6-15 and 20.  Accordingly, the decision of the examiner rejecting                                                      
                  claims 1-20 is reversed.                                                                                                                
                                                                    REVERSED                                                                              




                                             KENNETH W. HAIRSTON                                   )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JERRY SMITH                                           )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             MICHAEL R. FLEMING                                    )                                                      
                                             Administrative Patent Judge                           )                                                      







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