Appeal No. 2003-1171
Application 09/809,648
degrees from one another. To the extent that this is the
examiner’s position, it is unduly speculative as the reference
lacks adequate factual support therefor.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(b) of claim 1, and dependent claims 2 and 4, as being
anticipated by Dunlap.
SUMMARY
The decision of the examiner to reject claims 1 through 5 is
affirmed with respect to claims 1, 3 and 5 and reversed with
respect to claims 2 and 4.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007