Ex Parte Secrest et al - Page 7




              Appeal No. 2003-1593                                                                         7               
              Application No. 09/729,650                                                                                   

              Neither the reference to Alkaitis nor appellants’ admission is directed to subject                           
              matter which would remedy the deficiency of the combination of de Saint Roman or Lima-                       
              Marques.                                                                                                     
                                                       DECISION                                                            
              The rejection of claims 1 through 7 and 10 through 12 under 35 U.S.C. §103(a)                                
              as being unpatentable over de Saint Roman in view of Lima-Marques is reversed.                               
              The rejection of claim 1 through 7 and 10 through 12 under 35 U.S.C. §103(a)                                 
              as being unpatentable over de Saint Roman in view of Lima-Marques is reversed.                               
              The rejection of claim 9 under 35 U.S.C. §103(a) as being unpatentable over de                               
              Saint Roman in view of Lima-Marques and further in view of appellants’ admission is                          
              reversed.                                                                                                    


                                                                                                                          




















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