Ex Parte Cutler et al - Page 8


               Appeal No. 2004-2294                                                                                                  
               Application 10/002,343                                                                                                

               and of Miyoshi and Nishino with appellants’ countervailing evidence of and argument for                               
               nonobviousness and conclude that the claimed invention encompassed by appealed claims 1                               
               through 4 and 8 through 21 would have been obvious as a matter of law under 35 U.S.C.                                 
               § 103(a).                                                                                                             
                       The examiner’s decision is affirmed.                                                                          

























                       No time period for taking any subsequent action in connection with this appeal may be                         
               extended under 37 CFR § 1.136(a)(1)(iv) (effective September 13, 2004; 69 Fed. Reg. 49960                             
               (August 12, 2004); 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).                                                
                                                            AFFIRMED                                                                 




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