Ex Parte Morris et al - Page 9



            Appeal No. 2006-3034                                                        Page 9              
            Application No. 09/855,115                                                                      

            independent claim, we will not sustain the examiner’s rejection of any of the                   

            dependent claims under appeal.  Therefore, we will reverse the examiner’s                       

            rejection of dependent claims 2-5 and 7-10 as being anticipated by Dieterich                    

            and we will also reverse the examiner’s rejection of dependent claims 5 and                     

            11-14 as being unpatentable over Dieterich in view of Kato.                                     

                   In summary, we will not sustain the examiner’s rejection of any of the                   

            claims under appeal.  Therefore, the decision of the examiner rejecting                         

            claims 1-14 is reversed.                                                                        



                                               REVERSED.                                                    
                                                                                                           


                                                                     )                                      
                               James D. Thomas                      )                                      
                               Administrative Patent Judge           )                                      
                                                                     )                                      
                                                                     )                                      
                                                                     ) BOARD OF PATENT                      
                               Kenneth W. Hairston                  )                                      
                               Administrative Patent Judge           ) APPEALS AND                          
                                                                     )                                      
                                                                     ) INTERFERENCES                        
                                                                     )                                      
                              Jerry Smith                          )                                      
                               Administrative Patent Judge           )                                      
                                                                     )                                      





            JS/kis                                                                                          






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