Ex Parte DATTA et al - Page 1






                                       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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 15                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                   Ex parte MADHAV DATTA,                                                             
                                           PETER A. GRUBER, JUDITH M. RUBINO,                                                         
                                    CARLOS J. SAMBUCETTI and GEORGE F. WALKER                                                         
                                                         ______________                                                               
                                                      Appeal No. 2003-1331                                                            
                                                      Application 09/301,889                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, LIEBERMAN and PAWLIKOWSKI, 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 appellants, in the brief, and based on our                      
               review, find that we cannot sustain the grounds of rejections advanced on appeal:  claims 1 and                        
               23 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Millican et al.                              
               (Millican) and Lin et al. (Lin); claim 5 under 35 U.S.C. § 103(a) as being unpatentable over the                       
               combination of Millican and Lin, as applied to appealed claims 1 and 23, and further in                                
               combination with Mis et al.;  and claims 8 through 11 under 35 U.S.C. § 103(a) as being                                




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