Ex Parte Zhang et al - Page 4



           Appeal No. 2003-0061                                                                     
           Application No. 09/611,109                                                               

           claim language at issue.  Since appellants readily concede that                          
           the claim language under rejection results in inoperative                                
           embodiments, we do not understand why appellants have not                                
           obviated this appeal by amending the claim language in a suitable                        
           manner.                                                                                  
                 In conclusion, based on the foregoing and the reasons well-                        
           stated by the examiner, the examiner's decision rejecting the                            
           appealed claims 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                                               


                             EDWARD C. KIMLIN                   )                                   
                             Administrative Patent Judge        )                                   
                                                                )                                   
                                                                )                                   
                                                                )                                   
                                                                )                                   
                             CHARLES F. WARREN                  ) BOARD OF PATENT                   
                             Administrative Patent Judge        )   APPEALS AND                     
                                                                )  INTERFERENCES                    










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