Ex parte JEZEQUEL et al. - Page 8




          Appeal No. 1997-1663                                       Page 8           
          Application No. 08/448,053                                                  


               On this record, the examiner has simply failed to set                  
          forth a prima facie case of anticipation or obviousness of the              
          claimed invention.                                                          




                                     CONCLUSION                                       
               The decision of the examiner to reject claims 1-3 under                
          35 U.S.C.  102 as anticipated by or, in the alternative,                   
          under 35 U.S.C.  103 as being unpatentable over Saito, Mumaw               
          or Frame; and to reject claims 1-3 under 35 U.S.C.  102 as                 
          anticipated by or, in the alternative, under 35 U.S.C.  103                
          as being unpatentable over Saitou is reversed.                              
                                      REVERSED                                        




                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         THOMAS A. WALTZ               )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              







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