Ex Parte PRONKINE - Page 5



          Appeal No. 2004-0943                                                        
          Application No. 09/460,930                                                  

          inherently, using run-length codes, the examiner has not carried            
          the burden of establishing a prima facie case of anticipation of            
          the inventions claimed in the appellant’s claims 1-7 and 9.                 
               As for claim 8, the examiner presents no argument as to how            
          Moronaga would have fairly suggested using run-length codes to              
          one of ordinary skill in the art.  The examiner, therefore, has             
          not established a prima facie case of obviousness of the                    
          invention claimed in the appellant’s claim 8.                               


















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