Ex Parte ZHOU et al - Page 5

          Appeal No. 2003-0709                                                        
          Application No. 09/332,240                                                  


          Lacking such a suggestion in the prior art or such scientific               
          reasoning by the examiner, we must conclude that the examiner's             
          conclusion of obviousness is without the requisite factual                  
          support.                                                                    
               In conclusion, based on the foregoing, we are constrained to           
          reverse the examiner's rejection.                                           
                                      REVERSED                                        



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         PAUL LIEBERMAN                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         BEVERLY PAWLIKOWSI            )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     










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