Ex Parte CLARK - Page 9



          Appeal No. 2001-1606                                                        
          Application 08/582,661                                                      

          We agree with appellant that the portion of Richter                         
          relied on by the examiner does not support the examiner’s finding           
          that Richter teaches the steps of claim 21.  Therefore, we do not           
          sustain the examiner’s rejection of independent claim 21 or of              
          claims 23 and 24 which depend therefrom.                                    
          In summary, we have not sustained the examiner’s                            
          rejection with respect to any of the claims on appeal.                      
          Therefore, the decision of the examiner rejecting claims 1, 3-21            
          and 23-25 is reversed.                                                      
          REVERSED                                                                    


                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         JERRY SMITH                   )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         JOSEPH L. DIXON               )                              
                         Administrative Patent Judge   )                              










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