Ex Parte MAXIM et al - Page 9




          Appeal No. 2003-2060                                                        
          Application No. 09/133,691                                 Page 9           


                                     CONCLUSION                                       
               The decision of the examiner to reject claims 1, 3-9 and 11-           
          13 under 35 U.S.C. § 102(b) as anticipated by or, in the                    
          alternative, under 35 U.S.C. § 103(a) as being unpatentable over            
          Jenkins and to reject claims 1 and 3-9 under 35 U.S.C. § 102(a or           
          e) as anticipated by or, in the alternative, under 35 U.S.C.                
          § 103(a) as being unpatentable over Tanaka are reversed.                    


                                      REVERSED                                        





                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         PETER F. KRATZ                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ROMULO H. DELMENDO            )                              
                         Administrative Patent Judge   )                              
          PFK/sld                                                                     











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