Ex Parte FASSLER et al - Page 7

          Appeal No. 2002-0881                                                        
          Application No. 09/169,071                                                  


               Thus, for the reasons well articulated by the appellants in            
          their Brief and above, we are constrained to reverse the                    
          examiner’s Section 103 rejections.1                                         


                                      REVERSED                                        



          CHUNG K. PAK                 )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    TERRY J. OWENS               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    THOMAS A. WALTZ              )                                    
                    Administrative Patent Judge  )                                    

          CKP:hh                                                                      







               1 The examiner does not rely on Nakazawa to remedy the above           
          deficiencies.  Moreover, we decline to consider “Bar-On et                  
          al[.],” “Schantz et al.,” and “Burke et al.” referred to by the             
          examiner at page 8 of the Answer since they are not relied on in            
          the statements of rejections.  See In re Hoch, 428 F.2d 1341,               
          1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).                                
                                          7                                           





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