Ex parte SMITH et al. - Page 12




          Appeal No. 1997-2658                                                        
          Application No. 08/478,974                                                  


          the Examiner has established a prima facie case of obviousness              
          with respect to independent claim 1 which remains unrebutted                
          by any convincing arguments offered by Appellants.                          
          Accordingly, the rejection of claim 1 under 35 U.S.C. § 103 is              
          sustained.  Since, as noted above, no separate arguments have               
          been made with regard to any of the dependent claims, claims                
          22-33 fall with claim 1 in accordance with 37 CFR §                         
          1.192(c)(7).  Thus, it follows that the decision of the                     
          Examiner to reject claims 22-33 under 35 U.S.C.                             
          § 103 is also sustained.                                                    
               In summary, we have sustained the 35 U.S.C. § 103                      
          rejection of claims 1 and 22-33, but have not sustained the                 
          35 U.S.C. § 103 rejection of claims 2-21 and 34-41.                         
          Therefore, the Examiner’s decision rejecting claims 1-41 is                 
          affirmed-in-part.                                                           


               No time period for taking any subsequent action in                                                                 
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    


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