Ex Parte Fitzgerald - Page 7



          Appeal No. 2005-0864                                       Page 7           
          Application No. 09/859,0864                                                 

                                     CONCLUSION                                       
               The decision of the examiner to reject claims 1-7, 10, 17,             
          19, 21-25 and 28 under 35 U.S.C. § 102(b) as being anticipated by           
          Murakami and to reject claims 8, 9, 11-16, 18, 20, 26, 27 and 29            
          under 35 U.S.C. § 103(a) as being unpatentable over Murakami in             
          view of Chu is reversed.                                                    
                                      REVERSED                                        





                         Bradley R. Garris             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         Peter F. Kratz                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         Jeffrey T. Smith              )                              
                         Administrative Patent Judge   )                              


          PFK/cam                                                                     






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