Ex Parte GIBBONEY - Page 7




                  Appeal No. 2001-2143                                                                                                                    
                  Application No. 09/093,248                                                                                                              


                  There is just simply nothing that would have suggested to the artisan to include the J                                                  
                  class fuse of Douglass in a discrete pn diode.                                                                                          
                           Accordingly, we will not sustain the rejection of claims 18-33 under 35 U.S.C.                                                 
                  § 103.                                                                                                                                  
                           We have not sustained the rejection of claims 18-33 under either 35 U.S.C.                                                     
                  § 112, first paragraph, or under 35 U.S.C. § 103.                                                                                       
                           Thus, the examiner’s decision is reversed.                                                                                     
                                                                        REVERSED                                                                          





                                             ERROL A. KRASS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JOSEPH F. RUGGIERO                                    )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             ANITA PELLMAN GROSS                                   )                                                      
                                             Administrative Patent Judge                           )                                                      

                  eak/vsh                                                                                                                                 


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