Ex Parte Anderson - Page 8




                Appeal No. 2004-2335                                                                                  Page 8                    
                Application No. 09/867,495                                                                                                      



                                                              CONCLUSION                                                                        
                         To summarize, the decision of the examiner to reject claims 4 and 5 under                                              
                35 U.S.C. § 103 is reversed.  In addition , this application has been remanded to the                                           
                examiner for further consideration as set forth above.                                                                          


                         This application, by virtue of its "special" status, requires immediate action, see                                    
                MPEP § 708.01.                                                                                                                  
                                                     REVERSED and REMANDED                                                                      






                                          IRWIN CHARLES COHEN                                )                                                  
                                          Administrative Patent Judge                        )                                                  
                                                                                             ) BOARD OF PATENT                                  
                                                                                             )         APPEALS                                  
                                                                                             )              AND                                 
                                                                                             )   INTERFERENCES                                  
                                          JEFFREY V. NASE                                    )                                                  
                                          Administrative Patent Judge                        )                                                  














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