Appeal No. 2001-2030
Application No. 08/874,046
possibly not being required by claim 35. Accordingly, since both
appellants and the examiner apparently believe that the use of
multiple, different protocols is required by independent claim 35
and other claims of group III, we will interpret such claims as
requiring multiple, different protocols. Since we find that none
of the applied references suggest such different protocols, we
also will not sustain the rejection of claims 3-5, 9, 12, 17-19,
23, 26, 27 and 35-51, of group III, under 35 U.S.C. 103.
The examiner’s decision, rejecting claims 1-6, 8-24, 26, 27
and 35-51 under 35 U.S.C. 103, is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
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)
ERROL A. KRASS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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)
)
JOSEPH F. RUGGIERO )
Administrative Patent Judge )
EK/RWK
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