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today was not written for publication and is not binding
precedent of the Board.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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte WALTER B. MUELLER
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Appeal No. 2003-0358
Application 08/982,958
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ON BRIEF
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Before WARREN, LIEBERMAN 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 appellant, in the brief and reply brief, and
based on our review, find that we cannot sustain the grounds of rejections advanced on appeal:
claims 1, 2, 4, 5 and 32 through 36 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Noel et al. (Noel) in view of Turnbull et al. (Turnbull), Hsu or Ennis; claims 6 and 37 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over Noel in view of Turnbull, Hsu or
Ennis as applied to claims 1, 2, 4, 5 and 32 through 36 above, and further in view of Logan et al.
(Logan); and claim 9 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Noel
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