Ex Parte KARNER - Page 9



          Appeal No. 2004-0759                                                        
          Application No. 09/363,038                                 Page 9           

          pickling tank has not been established as an electroplating                 
          device or equivalent.  It follows that we will not sustain the              
          examiner’s second rejection on this record.                                 

                                     CONCLUSION                                       
               The decision of the examiner to reject claims 14-16, 22 and            
          23 under 35 U.S.C. § 103(a) as being unpatentable over Oshima is            
          affirmed.  The decision of the examiner to reject claims 17, 18             
          and 24-27 under 35 U.S.C. § 103(a) as being unpatentable over               
          Oshima in view of Ishibashi is reversed.                                    
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    

                         Bradley R. Garris             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         Thomas A. Waltz               )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                         Peter F. Kratz                )                              
                         Administrative Patent Judge   )                              







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