Ex Parte Hu - Page 5

              Appeal 2007-1217                                                                                                
              Application 10/219,135                                                                                          

          1   based on the jurisprudence, why the Examiner has failed to make out a case of lack                              
          2   of novelty to a preponderance of the evidence.                                                                  
          3                                          CONCLUSION                                                               
          4           The Examiner has failed to establish that claim 1 on appeal lacks novelty                               
          5   over the Hsieh reference by a preponderance of the evidence.                                                    
          6                                               ORDER                                                               
          7           The rejection of claims 1, 2, 4-10, 12-14, 20-39, and 41-55 is reversed.                                
          8                                            REVERSED                                                               
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         15   hh                                                                                                              
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         16 CONLEY ROSE, P.C.                                                                                                 
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         17 P. O. BOX 3267                                                                                                    
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         18 HOUSTON, TX  77253-3267                                                                                           
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