Ex Parte TOGA - Page 8


          Appeal No. 2003-0425                                                        
          Application 08/773,692                                                      
          contains limitations similar to independent claim 1.  Therefore,            
          the evidence relied on by the examiner fails to support the                 
          rejection of these claims for the same reasons discussed above              
          with respect to claim 1.  Although independent claims 9 and 14              
          were rejected using the additional teachings of Shwed, Shwed does           
          not overcome the deficiencies in the basic combination of Baker             
          and Dascalu discussed above.                                                
               In summary, we have not sustained either of the examiner’s             
          rejections of the claims on appeal.  Therefore, the decision of             
          the examiner rejecting claims 1, 3, 4, 6, 8-23 and 25-29 is                 
          reversed.                                                                   
          REVERSED                                                                    


                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         LEE E. BARRETT                )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         JOSEPH F. RUGGIERO            )                              
                         Administrative Patent Judge   )                              


          JS/dal                                                                      
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