Ex Parte Chan - Page 9

                Appeal 2007-0153                                                                              
                Application 09/792,918                                                                        

                                              CONCLUSION                                                      
                      On the record before us, we find that the Examiner fails to make a                      
                prima facie case that Pachauri anticipates claims 1 and 24, and thus, the                     
                35 U.S.C. § 102 rejection of claims 1, 2, 5, 11, 13-15, 17-20, 24, 25, 27, 28,                
                and 30-32 cannot be sustained.  The 35 U.S.C. § 102 rejection of claims 35,                   
                37, 38, 40, and 41 over Pachauri is sustained.                                                
                      We also sustain the 35 U.S.C. § 103 rejection of claims 36 and 39                       
                over Pachauri, but will not sustain the 35 U.S.C. § 103 rejection of claim 4                  
                over Pachauri and Bienvenu, of claims 3, 7-10, 12, 21, 26, and 29 over                        
                Pachauri and Wood, and of claims 22, 23, 42 over Pachauri and Lewis.                          
                                                 DECISION                                                     
                      The decision of the Examiner rejecting claims 1, 2, 5, 11, 13-15, 17-                   
                20, 24, 25, 27, 28, and 30-32 under 35 U.S.C. § 102 and rejecting claims 3,                   
                4, 7-10, 12, 21-23, 26, 29, and 42 under 35 U.S.C. § 103 is reversed.  The                    
                rejection of claims 35, 37, 38, 40, and 41 under 35 U.S.C. § 102 and                          
                rejecting claims 36 and 39 under 35 U.S.C. § 103 is affirmed.                                 













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