Ex Parte Weiner - Page 6




               Appeal No. 2004-2228                                                                                                   
               Application No. 09/652,002                                                                                             

                       We thus agree with appellant that Salvati does not support the examiner’s finding                              
               of anticipation with respect to any of claims 1-6, 8, 17-22, and 28-35.                                                


                                                          CONCLUSION                                                                  
                       The rejection of claims 1-6, 8, 17-22, and 28-35 under 35 U.S.C. § 102 as being                                
               anticipated by Salvati is reversed.  The appeal as to claims 9, 10, 13-16, and 23-27                                   
               stands dismissed.                                                                                                      


                                                           REVERSED                                                                   




                                       STUART S. LEVY                                 )                                               
                                       Administrative Patent Judge                    )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      ) BOARD OF PATENT                               
                                       HOWARD B. BLANKENSHIP                          )     APPEALS                                   
                                       Administrative Patent Judge                    )       AND                                     
                                                                                      )  INTERFERENCES                                
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                       ROBERT E. NAPPI                                )                                               
                                       Administrative Patent Judge                    )                                               





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