Ex Parte LEGENDRE et al - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 33                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                 Ex parte OLIVIER LEGENDRE                                                            
                                                   and CHRISTOPHER NEDEZ                                                              
                                                         ______________                                                               
                                                      Appeal No. 2002-0214                                                            
                                                      Application 08/914,244                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, DELMENDO and POTEATE, Administrative Patent Judges.                                                     
               WARREN, Administrative Patent Judge.                                                                                   
                                            Decision on Appeal, Opinion and Remand                                                    
                       This appeal under 35 U.S.C. § 134 involves the following grounds of rejection: claims                          
               1 through 3, 7 and 11 through 21 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                       
               Goodboy; claims 4 through 6, 8, 9 22 and 23 stand rejected under 35 U.S.C. § 103(a) as being                           
               unpatentable over Goodboy in view of Dupin et al.; and claim 10 stands rejected under 35 U.S.C.                        
               § 103(a) as being unpatentable over Goodboy in view of Flytzani-Stephanopoulos et al.1, 2                              
                       With respect to the ground of rejection under § 102(b), we agree with appellants (brief,                       

                                                                                                                                     
               1  These are all of the claims in the application. See, e.g., the amendments of October 10, 1996 in                    
               parent application 08/501,872 (Paper No. 7) and of March 16, 1999 in the present application                           
               (Paper No. 24).                                                                                                        
               2  Answer, pages 3-5.                                                                                                  

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