Ex parte CHEN et al. - Page 9

          Appeal No. 1998-2579                                                        
          Application 08/350,195                                                      


          Since the examiner has not found any prior art which                        
          teaches rate staggering as disclosed and claimed by                         
          appellants, the examiner has failed to establish a prima facie              
          case of obviousness.  Therefore, the decision of the examiner               
          rejecting claims 1, 4, 7, 8 and 10 is reversed.                             
          REVERSED                                                                    








                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         HOWARD B. BLANKENSHIP         )                              
                         Administrative Patent Judge   )                              







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