Ex Parte Bellasalma et al - Page 6


          Appeal No. 2005-1279                                                        
          Application No. 09/924,285                                   Page 6         

               As the examiner’s application of Schneider does not cure the           
          foregoing shortcomings of Nennecker and Gumery, we also shall not           
          sustain the standing 35 U.S.C. § 103(a) rejection of independent            
          claim 22, and dependent claims 11, 28 and 30, as being                      
          unpatentable over Nennecker in view of Schneider or the standing            
          35 U.S.C. § 103(a) rejection of independent claim 22, and                   
          dependent claims 11, 23 through 26, 31 and 32, as being                     
          unpatentable over Gumery in view of Schneider.                              



                                       SUMMARY                                        
               The decision of the examiner to reject claims 1 through 32             
          is reversed.                                                                
                                       REVERSED                                       


                         CHARLES E. FRANKFORT          )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )) BOARD OF PATENT             




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