Appeal No. 2006-0501
Application No. 10/131,019
the examiner relied on U.S. Patent 5,490,893 issued to Enlow et
al. (Enlow) on February 13, 1996, rather than the Spain reference
discussed herein, to reject the related claims in Application No.
10/193,407. Thus, in the event of further prosecution of the
claimed subject matter, we advice the examiner to review, in
addition to Spain, the content of Enlow to determine whether
Enlow also affects the patentability of the claimed subject
matter, keeping in mind our prior decision on Appeal No. 2005-
1549.
CONCLUSION
In view of the foregoing, we affirm the examiner’s decision
rejecting the claims on appeal under 35 U.S.C. § 102 and § 103.
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