Ex Parte Penlerick et al - Page 5

                  Appeal No. 2003-0881                                                                                        Page 5                      
                  Application No. 09/658,561                                                                                                              


                                                                  CONCLUSION                                                                              
                           To summarize, the appeal with respect to claims 16 and 23 is dismissed; the                                                    
                  decision of the examiner to reject claims 1 to 3, 5 to 15, 17 to 21 and 24 to 26 under                                                  
                  35 U.S.C. § 102(b) is reversed; and the decision of the examiner to reject claim 4 under                                                
                  35 U.S.C. § 103 is reversed.                                                                                                            
                                                                    REVERSED                                                                              





                                             CHARLES E. FRANKFORT                                  )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             LAWRENCE J. STAAB                                     )         APPEALS                                      
                                             Administrative Patent Judge                           )             AND                                      
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JEFFREY V. NASE                                       )                                                      
                                             Administrative Patent Judge                           )                                                      














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