Ex Parte BENDA - Page 6




               Appeal No. 2002-1649                                                                       Page 6                
               Application No. 09/405,781                                                                                       


                      Dimitrik does not remedy the deficiencies of Goswami.  We conclude that the Examiner                      
               has failed to establish a prima facie case of unpatentability with respect to the subject matter of              
               claims 1-15.                                                                                                     


                                                       CONCLUSION                                                               
                      To summarize, the decision of the Examiner to reject claims 1 and 3-14 under 35 U.S.C.                    
               § 102(e) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) and  2, 10, 11, 13-15                
               and 21 under 35 U.S.C. § 103(a) is reversed.                                                                     




























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