Ex Parte ROCHON et al - Page 6




          Appeal No. 2002-1917                                                        
          Application 09/418,509                                                      


          In summary, we find that the examiner has established a                     
          prima facie case of anticipation with respect to each of the                
          claims on appeal, and appellants have failed to challenge this              
          prima facie case with any substantive arguments.  Therefore, the            
          decision of the examiner rejecting claims 1-37 is affirmed.                 
          No time period for taking any subsequent action in                          
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
          AFFIRMED                                                                    
                                                                                     
                                                                                     


                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         JERRY SMITH                   )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )  INTERFERENCES               
                                                      )                              
                                                      )                              
                         STUART S. LEVY                )                              
                         Administrative Patent Judge   )                              



          JS/ki                                                                       

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