Ex Parte Li et al - Page 12



                Appeal 2007-1348                                                                               
                Application 10/650,253                                                                         
           1          G.  Conclusions of law                                                                   
           2          Appellants have sustained their burden on appeal of showing that the                     
           3    Examiner erred in rejecting claims 125 and 128-144 as being based on a lack                    
           4    of enablement under the first paragraph of 35 U.S.C. § 112.                                    
           5          Appellants have sustained their burden on appeal of showing that the                     
           6    Examiner erred in rejecting claims 125 and 128-144 as being anticipated                        
           7    under 35 U.S.C. § 102(b) by Bright.                                                            
           8          Appellants have sustained their burden on appeal of showing that the                     
           9    Examiner erred in rejecting claims 125 and 128-144 as being unpatentable                       
          10    under 35 U.S.C. § 103(a) over Singer and Curatolo.                                             
          11                                                                                                   
          12          H.  Decision                                                                             
          13                 ORDERED that the decisions of the Examiner rejecting                              
          14    claims 125 and 128-144 (1) for lack of enablement, (2) as being anticipated                    
          15    by Bright, alternatively unpatentable under 35 U.S.C. § 103(a), and (3) as                     
          16    being unpatentable over Singer and Curatolo are reversed.                                      
          17                 FURTHER ORDERED that no time period for taking any                                
          18    subsequent action in connection with this appeal may be extended under                         
          19    37 C.F.R. § 1.136(a)(1)(iv) (2006).                                                            
          20                                                                                                   
          21                                    REVERSED                                                       







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