Ex Parte KURIBAYASHI et al - Page 9




                Appeal No. 2003-0487                                                                                                    
                Application No. 09/158,925                                                                                              

                device and selecting the timing of sampling at t1 and t2 such that there are opposite                                   
                polarities (see also Hayashi, column 8, lines 10-12).  Thus, Hayashi does not teach all                                 
                of the limitations of claims 1 through 14.  Accordingly we will not sustain the rejection of                            
                claims 1 through 14 under 35 U.S.C. § 102.                                                                              
                        In view of the forgoing, we will not sustain the rejection of claims 1 through 14                               
                under either 35 U.S.C. § 103 or 35 U.S.C. § 102.  Therefore the decision of the                                         
                examiner rejecting claims 1 through 14 is reversed.                                                                     
                                                            REVERSED                                                                    


                                        JERRY SMITH                                     )                                               
                                        Administrative Patent Judge                     )                                               
                                                                                        )                                               
                                                                                        )                                               
                                                                                        )                                               
                                        LEE E. BARRETT                                  ) BOARD OF PATENT                               
                                        Administrative Patent Judge                     )      APPEALS AND                              
                                                                                        )   INTERFERENCES                               
                                                                                        )                                               
                                                                                        )                                               
                                        ROBERT E. NAPPI                                 )                                               
                                        Administrative Patent Judge                     )                                               
                REN:clm                                                                                                                 










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