Appeal No. 2004-1703 Application No. 09/333,269 The examiner, however, does not explain how these portions of Newman disclose estimating a data occupancy level based upon a rate of traffic units passing from the input to the output. For the above reasons we find that the examiner has not carried the burden of establishing a prima facie case of anticipation of the appellants’ claimed invention. 55Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007