Ex Parte FALLON et al - Page 3




             Appeal No. 2003-0200                                                               3              
             Application No. 09/250,524                                                                        





                                       THE REFERENCES OF RECORD                                                
             As evidence of anticipation and obviousness, the examiner relies upon the following               
             references:                                                                                       
             Papathomas et al. (Papathomas) 5,194,930            Mar. 16, 1993                                 
             Agarwala et al.  (Agarwala)     5,251,806           Oct. 12, 1993                                 
                                                                                                              
                                             THE REJECTIONS                                                    
                                                                                                              
             Claims 57 and 80 stand rejected under 35 U.S.C. §102(b) as being anticipated by                   
             Agarwala.                                                                                         
             Claim 79 stands rejected under 35 U.S.C. §103(a) as being unpatentable over                       
             Agarwala in view of Papathomas.                                                                   
                                                OPINION                                                        

             We have carefully considered all of the arguments advanced by the appellants and                  
             the examiner and agree with the appellants for the reasons stated in the Brief and those set      
             forth herein that the rejection of claims 57, 79 and 80 under §§ 102(b) and 103(a) is             
             not well founded.  Accordingly, we reverse both rejections.                                       


             The Rejections under §§ 102(b) and 103(a)                                                         







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