Ex Parte De Shon - Page 5

          Appeal No. 2002-0589                                                       
          Application No. 09/604,216                                                 


          Thus, claim 1 does not read on the De Shon patent, and is not              
          anticipated thereby.                                                       


               In summary, this panel of the board has not sustained the             
          anticipation rejection on appeal.                                          


               The decision of the examiner is reversed.                             


                                      REVERSED                                       






                         IRWIN CHARLES COHEN          )                              
                         Administrative Patent Judge  )                              
                                                      )                              
                                                      )                              
                                                      ) BOARD OF PATENT              
                         JEFFREY V. NASE              )                              
                         Administrative Patent Judge  )   APPEALS AND                
                                                      )                              
                                                      ) INTERFERENCES                
                                                      )                              
                         JENNIFER D. BAHR             )                              
                         Administrative Patent Judge  )                              




          ICC:pgg                                                                    
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