Ex Parte LUCIDARME - Page 7




          Appeal No. 2003-0191                                                        
          Application 09/155,278                                                      


          appellant’s first and second hybrid transmission polarization               
          couplers connected to at least one hybrid distribution coupler in           
          the manner required by the appellant’s claim 1.                             
               For the above reasons we find that the examiner has not                
          carried the burden of establishing a prima facie case of                    
          anticipation by Runyon of the radio station claimed in the                  
          appellant’s claim 1.  We therefore reverse the rejection of this            
          claim and claims 2, 3, 5-9 and 11-14 that depend therefrom.                 
                                      DECISION                                        
               The rejection of claims 1-3, 5-9 and 11-14 under 35 U.S.C.             
          § 102(e) over Runyon is reversed.                                           
                                      REVERSED                                        
                                                                                     


                                                       )                              
                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         ANITA PELLMAN GROSS           )                              
                         Administrative Patent Judge   )                              


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