Ex Parte EBELING et al - Page 5

          Appeal No. 2003-1869                                                        
          Application 09/622,092                                                      


          3 and 5.  Hence, the examiner’s determination that the subject              
          matter recited in these claims is anticipated by Mergenthaler               
          cannot stand.                                                               


               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 102(e) rejection of independent claims 3 and 5, and dependent             
          claim 4, as being anticipated by Mergenthaler.                              
                                       SUMMARY                                        
               The decision of the examiner to reject claims 3 through 5 is           
          reversed.                                                                   
                                      REVERSED                                        




                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                                                       )                              
                                                       )   APPEALS AND                
                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   ) INTERFERENCES                
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN P. MCQUADE               )                              
                         Administrative Patent Judge   )                              
          JPM/kis                                                                     

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