Appeal No. 2005-0871
Application 09/248,736
The appellants’ provisional application, therefore, predates
Cotugno as to the disclosure therein relied upon by the examiner.
Because Cotugno is not prior art as to that disclosure, the
examiner’s rejection cannot be sustained.
DECISION
The rejections of claims 1, 3-22, 24-43 and 45-63 under
35 U.S.C. § 112, first paragraph, written description
requirement, and under 35 U.S.C. § 103 over Robinson in view of
Glasser and Cotugno, are reversed.
REVERSED
)
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ERROL A. KRASS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
TERRY J. OWENS )
Administrative Patent Judge )
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