Ex Parte KRAFT et al - Page 5



          Appeal No. 2002-0321                                                        
          Application No. 09/014,729                                                  

          art would have been motivated to modify the process of Agnello in           
          the manner claimed.  If one of ordinary skill in the art would              
          have appreciated an advantage in utilizing the claimed                      
          methodology rather than the one described in Agnello, this has              
          not been divulged by the examiner.                                          
               The examiner's further reliance on Autryve in rejecting                
          claims 16 and 17 does not remedy the basic deficiency of the                
          combined teachings of Agnello and Wu outlined above.                        
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is reversed.                         
                                      REVERSED                                        


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         CHARLES F. WARREN             ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     


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