Ex Parte BATES et al - Page 9



          Appeal No. 2003-0706                                                        
          Application No. 09/356,241                                                  

               In summary, with respect to the Examiner’s 35 U.S.C. § 103(a)          
          rejection of appealed claims 14-19, 21, 22, 24-27, 48, 50, 51, and          
          53-57, we have sustained the rejection of claims 14-16 and 21, 22,          
          and 24-26, but have not sustained the rejection of claims 17-19,            
          27, 48, 50, 51, and 53-57.1  Therefore, the Examiner’s decision             
          rejecting claims 14-19, 21, 22, 24-27, 48, 50, 51, and 53-57 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                                  
                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOSEPH F. RUGGIERO            )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         ANITA PELLMAN GROSS           )                              
                         Administrative Patent Judge   )                              
          JFR/lp                                                                      


               1 Claim 54 is, apparently inadvertently, dependent on canceled claim 33.
          We leave the correction of this matter to Appellants and the Examiner in any
          further prosecution on this application.                                    
                                          9                                           




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