Ex Parte ETOH et al - Page 3

                  Appeal No. 2003-1060                                                                                        Page 3                      
                  Application No. 09/101,695                                                                                                              
                  comments regarding the inappropriateness of “criticiz[ing] the use of [a] term . . . in light                                           
                  of the same term having been used in the same context in the claims of an issued U.S.                                                   
                  patent”) and find it unnecessary to burden the record by reiterating that position here.                                                
                           The rejection is reversed.                                                                                                     
                                                                    REVERSED                                                                              





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                                             Toni R. Scheiner                             )                                                               
                                             Administrative Patent Judge                  )                                                               
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                                                                                          ) BOARD OF PATENT                                               
                                                                                          )                                                               
                                             Donald E. Adams                              ) APPEALS AND                                                   
                                             Administrative Patent Judge                  )                                                               
                                                                                          ) INTERFERENCES                                                 
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                                             Lora M. Green                                )                                                               
                                             Administrative Patent Judge                  )                                                               

















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