Ex Parte AHMED et al - Page 8



          Appeal No. 2002-2232                                                          
          Application 09/174,032                                                        
          analysis results (column 1, lines 55-57) we are unable to                     
          substantiate the remainder of the examiner’s finding within the               
          Sedding disclosure.                                                           
               Accordingly, we shall reverse this rejection as the                      
          examiner has failed to provide convincing evidence that the                   
          method steps (a1) and (a2) are within the cited prior art, as                 
          well as for the reasons stated previously for reversing the 35                
          U.S.C. §102(e) rejection over Rokunohe alone.                                 
                                  Summary of Decision                                   
               The rejection of claims 37, 29, and 30 under 35 U.S.C.                   
          § 102(e) over Rokunohe is reversed.                                           
               The rejection of claims 31-32 under 35 U.S.C. §103(a) over               
          Rokunohe in view of Sedding is reversed.                                      
                                       REVERSED                                         

                         JAMESON LEE                   )                               
                         Administrative Patent Judge )                                  
                                                        )                               
                                                        )                               
                                                        ) BOARD OF PATENT               
                         SALLY C. MEDLEY               )                               
                         Administrative Patent Judge )   APPEALS AND                    
                                                        )                               
                                                        ) INTERFERENCES                 
                                                        )                               
                         JAMES T. MOORE                )                               
                         Administrative Patent Judge )                                  

          JTM:yrt                                                                       

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