Ex Parte MARTINEZ et al - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 15                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                Ex parte GONZALO MARTINEZ,                                                            
                                             CATHERINE TAYLOR, KEN KEENEY                                                             
                                                     and MARKUS HALLER                                                                
                                                         ______________                                                               
                                                      Appeal No. 2002-2249                                                            
                                                      Application 09/340,441                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, DELMENDO and MOORE, Administrative Patent Judges.                                                       
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellants, in the brief, and based on our                      
               review, find that on this record we cannot sustain grounds of rejections advanced on appeal:                           
               appealed claims 1, 3, 4, 10, 12 through 14, 17, 18 and 20 stand rejected under 35 U.S.C. § 102(b)                      
               as anticipated by Loh et al. (Loh);  appealed claims 15 and 16 stand rejected under 35 U.S.C.                          
               § 103(a) as being unpatentable over Stewart et al (Stewart); and appealed claims 5, 7, 11 and 19                       
               stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Ovshinsky et al. (Ovshinsky)                        




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