Ex parte WAYMAN et al. - Page 3

          Appeal No. 95-5098                                                          
          Application 08/169,836                                                      
          segments of a fusing belt.  Inasmuch as the examiner has not                
          addressed that claim requirement, the examiner has not stated a             
          prima facie case.  Therefore, the rejection will not be                     
          sustained.                                                                  
                                     CONCLUSION                                       
                    The rejection is not sustained.                                   
                                      REVERSED                                        


                                                                                     

                         JAMES D. THOMAS            )                                 
                              Administrative Patent Judge)                            
                                                       )                              
                                                       )                              
                                                       )                              
                              JERRY SMITH              ) BOARD OF PATENT              
                              Administrative Patent Judge)    APPEALS AND             
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                              JAMES T. CARMICHAEL      )                              
                              Administrative Patent Judge)                            












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