Ex Parte MODI - Page 10


                   Appeal No. 2001-2397                                                               Page 10                      
                   Application No. 08/855,779                                                                                      

                                                            Summary                                                                
                          The claims, properly construed, do not read on the compositions                                          
                   disclosed in the cited prior art.  We therefore reverse the rejections for                                      
                   anticipation.  We vacate the rejection for obviousness, because the examiner has                                
                   not considered all of the limitations of the claims and shown that all of those                                 
                   limitations would have been rendered obvious by the prior art.  We remand the                                   
                   application for further action consistent with this opinion.                                                    


                                REVERSED-IN-PART, VACATED-IN-PART, REMANDED                                                        



                                          Sherman D. Winters                    )                                                  
                                          Administrative Patent Judge           )                                                  
                                                                                )                                                  
                                                                                )                                                  
                                                                                ) BOARD OF PATENT                                  
                                          Demetra J. Mills                     )                                                  
                                          Administrative Patent Judge           )   APPEALS AND                                    
                                                                                )                                                  
                                                                                ) INTERFERENCES                                    
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                                          Eric Grimes                          )                                                  
                                          Administrative Patent Judge           )                                                  
















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