Appeal No. 2003-1110
Application No. 09/295,439
being cleared prior to (not after) an availability of a result
from a second instruction.
We therefore find that the examiner has not carried the
burden of establishing a prima facie case of anticipation of the
appellants’ claimed invention.
DECISION
The rejection of claims 27-48 under 35 U.S.C. § 102(e)
over Nguyen is reversed.
REVERSED
TERRY J. OWENS )
Administrative Patent Judge )
)
)
)
)BOARD OF PATENT
ANITA PELLMAN GROSS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
LANCE LEONARD BARRY )
Administrative Patent Judge )
TJO/dpv
7
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007