Ex Parte Schneider et al - Page 5




          Appeal No. 2004-1856                                                        
          Application No. 09/908,413                                                  


          explained, Kurachi’s column 3 disclosure concerning a prior art             
          invention is not at all related to the subsequent disclosure                
          concerning his invention.                                                   
               For these reasons, the examiner’s anticipation finding is              
          erroneous.  It follows that we cannot sustain the Section                   
          102 rejection of claims 1-4 as being anticipated by Kurachi.                
               The decision of the examiner is reversed.                              


                                      REVERSED                                        




                    )                                                                 
                         BRADLEY R. GARRIS             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         CHARLES F. WARREN             )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              


          BRG:hh                                                                      



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