Ex Parte Pickar - Page 6


             Appeal No. 2004-1478                                                               Page 6                
             Application No. 10/099,356                                                                               

             renders obvious the instant claims, a rejection under 35 U.S.C. §§ 102 or 103 would be                   
             appropriate.                                                                                             
                                                      Summary                                                         
                    The reference relied on by the examiner does not support a prima facie case of                    
             obviousness.  We therefore reverse the rejection of record.  However, we recommend                       
             that the examiner review the other references that have been made of record to                           
             determine if they would support a rejection under 35 U.S.C. §§ 102 or 103.                               


                                                    REVERSED                                                          





                                  Toni R. Scheiner                  )                                                
                                  Administrative Patent Judge        )                                                
                                                                     )                                                
                                                                     )                                                
                                                                     ) BOARD OF PATENT                                
                                  Eric Grimes                       )                                                
                                  Administrative Patent Judge        )   APPEALS AND                                  
                                                                     )                                                
                                                                     ) INTERFERENCES                                  
                                                                     )                                                
                                  Lora M. Green                     )                                                
                                  Administrative Patent Judge        )                                                



             EG/jlb                                                                                                   










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