Ex Parte FONTES - Page 5




               Appeal No. 2003-1954                                                                                                 
               Application No. 09/296,020                                                                                           


               by the examiner.  The examiner’s interpretation, as far as it is understood, does not comport with                   
               the requirements of the instant claims.                                                                              
                       Accordingly, we will not sustain the rejection of claims 1, 5, 7 and 8 under 35 U.S.C.                       
               § 102 (e).                                                                                                           
                       Since nothing in the Sieverding reference provides for the deficiencies of Dutton, we also                   
               will not sustain the rejection of claims 6, 12, 14, 16, 17, 21, 23, 25, 26, 30 and 32 under                          
               35 U.S.C. § 103.                                                                                                     
                       The examiner’s decision is reversed.                                                                         
                                                           REVERSED                                                                 




                                      ERROL A. KRASS                                 )                                              
                                      Administrative Patent Judge                    )                                              
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                                      JOSEPH F. RUGGERIO                             ) BOARD OF PATENT                              
                                      Administrative Patent Judge                    )      APPEALS AND                             
                                                                                     )  INTERFERENCES                               
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                                      LANCE LEONARD BARRY                            )                                              
                                      Administrative Patent Judge                    )                                              
               EAK:clm                                                                                                              



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