Appeal No. 2003-2021 Page 6
Application No. 09/753,703
electromagnetic radiation. See In re Robertson, 169 F.3d 743,
745, 49 USPQ2d 1949, 1950-51 (Fed. Cir. 1999).
For the foregoing reasons and those stated in the Brief and
Reply Brief, we determine that the examiner has not established a
prima facie case of anticipation in view of Akram. Accordingly,
we cannot sustain the rejection on appeal. The decision of the
examiner is reversed.
REVERSED
)
Charles F. Warren )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Thomas A. Waltz )
Administrative Patent Judge ) APPEALS AND
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) INTERFERENCES
)
Peter F. Kratz )
Administrative Patent Judge )
TAW/eld
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