Ex Parte Carbin et al - Page 7



          Appeal No. 2005-0646                                       Page 7           
          Application No. 10/278,184                                                  

          claimed heater even though the Lee resistor and the disclosed               
          heater appear to be the same in basic structure.  Appellant’s               
          arguments are insufficient to carry the burden of demonstrating             
          that the prima facie case of anticipation established by the                
          examiner is erroneous.                                                      
          With respect to separately argued claim 26, the examiner                    
          has indicated how he reads the claimed invention on Lee [answer,            
          page 4].  Appellants broadly argue that the structure of claim 26           
          is not possible from Lee [brief, page 6].  The examiner responds            
          by explaining how the Lee resistor meets the claimed invention.             
          The examiner also notes that appellants have failed to address              
          the examiner’s position set forth in the rejection [answer, page            
          9].                                                                         
          We will sustain the examiner’s rejection of claim 26.                       
          The examiner has explained how dependent claim 26 is fully met by           
          the disclosure of Lee.  The examiner’s explanation is sufficient            
          to have established a prima facie case of anticipation.  We agree           
          with the examiner that appellants have failed to rebut the                  
          examiner’s prima facie case of anticipation.  There are no                  
          arguments directed to the examiner’s rationale in support of the            
          rejection of claim 26.                                                      






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