Ex Parte Zenk - Page 5


                 Appeal No.  2006-2325                                                         Page 5                  
                 Application No.  10/340,980                                                                           
                        On reflection, we find that the examiner failed to meet his evidentiary                        
                 burdun of establishing a prima facie case of anticipation.  Accordingly, we                           
                 reverse the rejection of claims 1-9 under 35 U.S.C. § 102(b) as being anticipated                     
                 by Patridge                                                                                           



                                                     REVERSED                                                          


                                                                         )                                             
                                      Toni R. Scheiner   )                                                             
                                      Administrative Patent Judge )                                                    
                                                                         )                                             
                                                                         ) BOARD OF PATENT                             
                                                                         )                                             
                                      Donald E. Adams   )      APPEALS AND                                             
                                      Administrative Patent Judge )                                                    
                                                                         )   INTERFERENCES                             
                                                                         )                                             
                                                                         )                                             
                                      Richard M. Lebovitz   )                                                          
                                      Administrative Patent Judge )                                                    





















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