Ex Parte LEWIS et al - Page 8

          Appeal No. 2002-1326                                                        
          Application 09/152,759                                                      

          transmitted unit.  The examiner simply asserts that the applied             
          prior art teaches the claimed invention, but the examiner’s                 
          findings appear to be nothing more than mere speculation and                
          conjecture.                                                                 
          Since we cannot find support in the applied prior art for                   
          the examiner’s rejection, we do not sustain the rejection based             
          on this record.  Therefore, the decision of the examiner                    
          rejecting claims 1-18 is reversed.                                          
          REVERSED                                                                    




                    JERRY SMITH                   )                                   
                    Administrative Patent Judge   )                                   
                                                 )                                   
                                                 )                                   
                                                 )                                   
                    MICHAEL R. FLEMING            )  BOARD OF PATENT                  
                    Administrative Patent Judge   )  APPEALS AND                      
                                                 )  INTERFERENCES                    
                                                 )                                   
                                                 )                                   
                    LANCE LEONARD BARRY           )                                   
                    Administrative Patent Judge   )                                   


          JS/ki                                                                       

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