Ex Parte HIGHTOWER et al - Page 7




                  Appeal No. 2002-1984                                                                                        Page 7                      
                  Application No. 09/438,909                                                                                                              


                  24 and thus, in our opinion, cannot reasonably be considered to be a component of                                                       
                  said gear train.  Accordingly, we shall not sustain the rejection of these claims as being                                              
                  anticipated by Hanley.                                                                                                                  
                                                                  CONCLUSION                                                                              
                           To summarize, the decision of the examiner to reject claims 1-40 under 35                                                      
                  U.S.C. § 102(e) is affirmed as to claims 1, 2, 7, 11, 12 and 19-40 and reversed as to                                                   
                  claims 3-6, 8-10 and 13-18.                                                                                                             


                           No time period for taking any subsequent action in connection with this appeal                                                 
                  may be extended under 37 CFR § 1.136(a).                                                                                                
                                                              AFFIRMED-IN-PART                                                                            





                                             JOHN P. MCQUADE                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JEFFREY V. NASE                                       )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      





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