Ex Parte ZHAO et al - Page 8




                  Appeal No. 2005-1171                                                                                                                    
                  Application No. 09/469,485                                                                                                              
                           Rejections I and II are based on the premise that the subject matter of claim 8-16                                             
                  would have been obvious to one of ordinary skill in the art in view of the combined                                                     
                  teachings of Building and Valenzuela.  Since we find that the references fail to render                                                 
                  said claims obvious, it follows that these rejections cannot be affirmed.                                                               
                           In view of the foregoing, the decision of the examiner is reversed.                                                            
                                                                    REVERSED                                                                              




                                                                                                   )                                                      
                                             Joan Ellis                                            )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             Toni R. Scheiner                                      )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             Eric Grimes                                           )                                                      
                                             Administrative Patent Judge                           )                                                      



                  JE/eld                                                                                                                                  







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