Appeal 2007-1807
Application 09/751,037
37, as being anticipated by Herve. Because we have reversed the Examiner’s
rejection of each independent claim on appeal, we also reverse the
Examiner’s rejection of dependent claims 8, 17, 25, and 38 as being
unpatentable over the combination of Herve and Agazzi under 35 U.S.C.
§ 103.
CONCLUSION OF LAW
On the record before us, the Examiner has failed to establish that
Herve’s disclosure anticipates claims 1 through 7, 9 through 16, 18 through
24, and 26 through 37 under 35 U.S.C. § 102(b). Further, the Examiner has
failed to establish that Herve’s disclosure renders claims 8, 17, 25, and 38
unpatentable under 35 U.S.C. § 103(a).
DECISION
We have reversed the Examiner’s decision rejecting claims 1 through
38.
REVERSED
tdl/ce
DOCKET CLERK
P.O. DRAWER 800889
Dallas TX 75380
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