Ex Parte Eshelman - Page 8




                  Appeal No. 2005-0208                                                                                        Page 8                      
                  Application No. 10/137,510                                                                                                              



                           For the reasons set forth above, the decision of the examiner to reject claim 11,                                              
                  and claims 12, 15, 16 and 19 dependent thereon, under 35 U.S.C. § 103 is reversed.                                                      


                                                                  CONCLUSION                                                                              
                           To summarize, the decision of the examiner to reject claim 4 under 35 U.S.C.                                                   
                  § 102(b) is reversed; and the decision of the examiner to reject claims 11, 12, 15, 16                                                  
                  and 19 under 35 U.S.C. § 103 is reversed.                                                                                               
                                                                    REVERSED                                                                              





                                             JOHN P. McQUADE                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JEFFREY V. NASE                                       )         APPEALS                                      
                                             Administrative Patent Judge                           )              AND                                     
                                                                                                   )   INTERFERENCES                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      









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