Ex Parte CULVER - Page 5




                Appeal No. 2001-1569                                                                                                     
                Application No. 09/007,714                                                                                               


                        Since the examiner has not relied upon the teachings of Hulen to remedy the                                      
                deficiency noted above with the teachings of Bowater and we find no teaching to                                          
                remedy the deficiency, we will not sustain the rejection of dependent claims 3, 4                                        
                and 22.                                                                                                                  
                                                           CONCLUSION                                                                    
                        To summarize, the decision of the examiner to reject claims 1, 2, 5, 6, 20, 21, 23,                              
                25, and 26. under 35 U.S.C. § 102 is reversed, and  the decision of the examiner to                                      
                reject claims 3, 4, and 22 under 35 U.S.C. § 103(a) is reversed.                                                         
                                                             REVERSED                                                                    




                                        MICHAEL R. FLEMING                              )                                                
                                        Administrative Patent Judge                     )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                                                                        ) BOARD OF PATENT                                
                                        JOSEPH L. DIXON                                 )     APPEALS                                    
                                        Administrative Patent Judge                     )       AND                                      
                                                                                        )  INTERFERENCES                                 
                                                                                        )                                                
                                                                                        )                                                
                                                                                        )                                                
                                        ANITA PELLMAN GROSS                             )                                                
                                        Administrative Patent Judge                     )                                                
                JLD/vsh                                                                                                                  


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