Ex parte IVES - Page 8




          Appeal No. 2001-1334                                                        
          Application No. 09/251,656                                                  


               The 35 U.S.C. § 112, second paragraph, rejection is                    
          sustained, and the 35 U.S.C. § 102(b) rejection is not.  Since              
          at least one rejection is sustained, the decision of the                    
          examiner to reject claim 1 is affirmed.                                     
               No period for taking any subsequent action in connection               
          with this appeal may be extended under 37 CFR § 1.136(a).                   
                                   AFFIRMED                                           





                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN P. McQUADE               )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JENNIFER D. BAHR              )                              
                         Administrative Patent Judge   )                              
          JPM/gjh                                                                     





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