Ex parte KAWAGUCHI et al. - Page 6

                  Appeal No. 1999-0858                                                                                                                    
                  Application 08/562,429                                                                                                                  



                           In view of the foregoing, because we have concluded that the examiner has not set                                              
                  forth a prima facie case of anticipation of each independent claim on appeal, we will also                                              
                  not sustain the rejection of their respective dependent claims.  Accordingly, the decision of                                           
                  the examiner rejecting all the claims on appeal under 35 U.S.C. § 102 is reversed.                                                      
                                                                    REVERSED                                                                              









                                             James D. Thomas                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             Errol A. Krass                                        )                                                      
                                             Administrative Patent Judge                           )   APPEALS AND                                        
                                                                                                   )                                                      
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                             Howard B. Blankenship                                 )                                                      
                                             Administrative Patent Judge                           )                                                      




                  JDT/cam                                                                                                                                 

                                                                            6                                                                             





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November  3, 2007