Ex Parte CHAPMAN et al - Page 5



                    Appeal No. 2004-1703                                                                                                                                  
                    Application No. 09/333,269                                                                                                                            

                    The examiner, however, does not explain how these portions of                                                                                         
                    Newman disclose estimating a data occupancy level based upon a                                                                                        
                    rate of traffic units passing from the input to the output.                                                                                           
                              For the above reasons we find that the examiner has not                                                                                     
                    carried the burden of establishing a prima facie case of                                                                                              
                    anticipation of the appellants’ claimed invention.                                                                                                    





















                                                                                    55                                                                                    




Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007