Ex Parte Zenker et al - Page 6




         Appeal No. 2003-1702                                       Page 6          
         Application No. 08/749,840                                                 


         reservoir as implied in Paper No. 16 rather than connected for             
         pressurizing the working connections of the deactivated circuit,           
         we can not agree.  In such a no pressure load operation or set up          
         for the deactivated circuit as may be conveyed in Bohner (column           
         5, lines 35-43), a source of pressure is not described as being            
         connected to the working connections of the deactivated circuit,           
         as required by appellants’ claim 9.                                        
              Consequently, the examiner has not discharged the initial             
         burden of establishing a prima facie case of anticipation as to            
         any of the claims on appeal.  It follows that, on this record, we          
         will not sustain the rejection under 35 U.S.C. § 102(e).                   

























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