Ex Parte BAEZ - Page 8

                Appeal 2007-2016                                                                             
                Application 09/148,392                                                                       


                                                 CONCLUSION                                                  
                      On the record before us, we find that the Examiner fails to make a                     
                prima facie case that Jyu anticipates claim 1 or the other independent claims                
                11, 22, and 28, which include similar limitations.  Therefore, in view of our                
                analysis above, the 35 U.S.C. § 102 rejection of claims 1-20 and 22-29 as                    
                anticipated by Jyu cannot be sustained.                                                      
                                                   DECISION                                                  
                      The decision of the Examiner rejecting claims 1-20 and 22-29 under                     
                35 U.S.C. § 102 is reversed.                                                                 
                                                   REVERSED                                                  

                APJ Initial                                                                                  









                pgc                                                                                          
                THINH V NGUYEN                                                                               
                BLAKELY SOKOLOFF TAYLOR & ZAFMAN                                                             
                12400 WILSHIRE BOULEVARD                                                                     
                7TH FLOOR                                                                                    
                LOS ANGELES CA 90025                                                                         


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