Ex Parte LEDINGHAM - Page 7




                    Appeal No. 2003-0192                                                                                                                                  
                    Application No. 08/871,300                                                                                                                            


                    Since we have determined that the teachings and suggestions                                                                                           
                    which would have been fairly derived from the APA and Goetz '379                                                                                      
                    would not have made the subject matter as a whole of claims 20                                                                                        
                    through 22 on appeal obvious to one of ordinary skill in the art                                                                                      
                    at the time of appellant's invention, we must refuse to sustain                                                                                       
                    the examiner's rejection of those claims under 35 U.S.C.                                                                                              
                    § 103(a).                                                                                                                                             


                    In light of the foregoing, the decision of the examiner to                                                                                            
                    reject claims 20 through 22 under 35 U.S.C. § 103(a) is reversed.                                                                                     
                                                                             REVERSED                                                                                     



                                                  IRWIN CHARLES COHEN                                        )                                                            
                                                  Administrative Patent Judge                                )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  CHARLES E. FRANKFORT                                       )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                  JENNIFER D. BAHR                                           )                                                            
                                                  Administrative Patent Judge                                )                                                            

                    CEF/lbg                                                                                                                                               

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