Ex Parte LABOUREAU et al - Page 8




                Appeal No. 2004-1442                                                                                 Page 8                    
                Application No. 09/308,548                                                                                                     


                                                              CONCLUSION                                                                       
                         To summarize, the decision of the examiner to reject claims 28 to 31 under                                            
                35 U.S.C. § 102(b) as being anticipated by Hlavacek is reversed; the decision of the                                           
                examiner to reject claims 28, 29 and 34 to 36 under 35 U.S.C. § 103 as being                                                   
                unpatentable over Li in view of Hlavacek is reversed; the decision of the examiner to                                          
                reject claims 28, 30 and 32 under 35 U.S.C. § 103 as being unpatentable over                                                   
                Laboureau '710 in view of Hlavacek is reversed; and the decision of the examiner to                                            
                reject claim 33 under 35 U.S.C. § 103 as being unpatentable over Laboureau '151 in                                             
                view of Hlavacek is reversed.                                                                                                  
                                                               REVERSED                                                                        





                                          NEAL E. ABRAMS                                    )                                                  
                                          Administrative Patent Judge                       )                                                  
                                                                                            )                                                  
                                                                                            )                                                  
                                                                                            )                                                  
                                                                                            ) BOARD OF PATENT                                  
                                          JOHN P. McQUADE                                   )         APPEALS                                  
                                          Administrative Patent Judge                       )             AND                                  
                                                                                            )  INTERFERENCES                                   
                                                                                            )                                                  
                                                                                            )                                                  
                                                                                            )                                                  
                                          JEFFREY V. NASE                                   )                                                  
                                          Administrative Patent Judge                       )                                                  







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