Ex Parte BANKS III - Page 5

                  Appeal No. 2002-1827                                                                                        Page 5                      
                  Application No. 09/428,594                                                                                                              


                           Since the limitation discussed above is present in all four of the independent                                                 
                  claims, McManus fails to disclose or teach all of the subject matter recited in the claims,                                             
                  and the rejection cannot be sustained.                                                                                                  
                                                                  CONCLUSION                                                                              
                           The rejection is not sustained.                                                                                                
                           The decision of the examiner is reversed.                                                                                      




                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             LAWRENCE J. STAAB                                     )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JEFFREY V. NASE                                       )                                                      
                                             Administrative Patent Judge                           )                                                      


                  NEA:pgg                                                                                                                                 
                  JOHN D. McCONAGHY                                                                                                                       
                  47TH FLOOR                                                                                                                              
                  633 WEST FIFTH STREET                                                                                                                   
                  LOS ANGELES, CA 90071-2066                                                                                                              








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