Ex Parte DIONNE - Page 9




          Appeal No. 2002-1198                                                        
          Application 09/349,306                                                      


          find nothing therein which would provide for, or otherwise render           
          obvious, that which we have found above to be lacking in the                
          examiner’s asserted combination of Williams, White and Gidney.              
          Thus, the examiner’s rejection of dependent claim 4 under                   
          35 U.S.C. § 103(a) as being unpatentable over Williams, White,              
          Gidney and Shiraishi will also not be sustained.                            
          It follows from the foregoing that the decision of the                      
          examiner rejecting claims 1 and 4 of the present application                
          under 35 U.S.C. § 103(a) is reversed.                                       
                                   REVERSED                                           







                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JENNIFER D. BAHR              )                              
                         Administrative Patent Judge   )                              

          CEF:pgg                                                                     
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