Ex Parte Wolpert - Page 6




          Appeal No. 2002-1523                                                        
          Application 09/524,811                                                      


          art, or any viable line of reasoning as to why such artisan would           
          have otherwise found the claimed subject matter to have been                
          obvious in light of the teachings of the applied Arnold patent,             
          we must refuse to sustain the examiner's rejection of claims 1              
          through 5 under 35 U.S.C. § 103(a).                                         


                    Accordingly, the decision of the examiner is reversed.            


                                      REVERSED                                        



                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         CHARLES E. FRANKFORT          )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )                              


          CEF:psb                                                                     


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