Ex Parte Doux - Page 6




          Appeal No. 2003-2127                                                        
          Application No. 09/976,226                                                  

               In view of the foregoing, since the examiner has provided              
          substantial evidence of the anticipatory nature of the subject              
          matter of the claims on appeal on the basis of Lavagetto, the               
          examiner’s rejection of claims 1, 2 and 7 on appeal 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                                        




                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         LEE E. BARRETT                )   APPEALS AND                
                         Administrative Patent Judge   )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         MICHAEL R. FLEMING       )                                   
                         Administrative Patent Judge   )                              


          JDT/vsh                                                                     






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