Appeal No. 2005-1697
Application No. 10/160,357
examiner is speculating, without supporting evidence, that two
call setup periods in Cooper must be the same. An anticipation
rejection under 35 U.S.C. § 102 may not properly be based on
speculation.
Accordingly, the examiner’s decision rejecting claims
1-10 under 35 U.S.C. § 102(e) is reversed.
REVERSED
)
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ERROL A. KRASS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
LEE E. BARRETT )
Administrative Patent Judge )
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