Appeal No. 2006-2920 Page 17
Application No. 10/813,501
claims 13-20 each contain the same limitations as independent claim 12, we
will also reverse the examiner’s anticipation rejection of these claims.
Therefore, we agree with appellants that the examiner has failed to
meet his/her burden of establishing a prima facie case of anticipation with
respect to representative claim 1 and also with respect to independent
claims 8 and 12 that recite essentially equivalent limitations.
In summary, we will not sustain the examiner’s rejection of any claims
under appeal. Therefore, the decision of the examiner rejecting claims 1-20
is reversed.
REVERSED
)
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JERRY SMITH )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ALLEN R. MACDONALD )
Administrative Patent Judge )
)
JS/rwk
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