Ex Parte Parks et al - Page 8

          Appeal No. 2004-0344                                                        
          Application No. 09/759,016                                                  

          the claimed invention, either expressly or inherently, such that            
          a person of ordinary skill in the art could practice the                    
          invention without undue experimentation.  In applying a rejection           
          under 35 U.S.C. § 102(e), the examiner must show how each and               
          every claim element is taught in the reference and the examiner,            
          in the instant case, has not done so.                                       
               Therefore, we will not sustain the rejection of claims 1-7             
          under 35 U.S.C. § 102(e).                                                   
               The examiner’s decision rejecting claims 1-7 under 35 U.S.C.           
          §§ 101, 112 and 102(e) is reversed.                                         
                                      REVERSED                                        


                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         MICHAEL R. FLEMING            ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JOSEPH L. DIXON               )                              
                         Administrative Patent Judge   )                              


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