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. 9Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013