Ex Parte Pandya - Page 9

                Appeal 2007-0760                                                                                
                Application 09/974,373                                                                          


                                          CONCLUSION OF LAW                                                     
                On the record before us, Appellant has shown that the Examiner failed                           
                to establish that one of ordinary skill in the art, at the time of the present                  
                invention, would have concluded that Barker in combination with Foley                           
                renders claims 1 through 32 unpatentable under 35 U.S.C. § 103(a).                              
                                                  DECISION                                                      
                We reverse the Examiner’s decision to reject claims 1 through 32                                
                under 35 U.S.C. § 103(a) as being unpatentable over the combination of                          
                Barker and Foley.                                                                               

                                                 REVERSED                                                       











                JRH:pgc                                                                                         

                FREDERICK W. GIBB, III                                                                          
                Gibb & Rahman, LLC                                                                              
                2568-A RIVA ROAD                                                                                
                SUITE 304                                                                                       
                ANNAPOLIS MD 21401                                                                              


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