Ex Parte Krizan - Page 5


           Appeal No. 2006-1144                                                                    
           Application No. 09/975,806                                                              

           simply points out that the “secondary references” do not cure                           
           the asserted deficiencies of Kreth as discussed in the traversal                        
           of the § 102 rejection.  We also note that appellant bases no                           
           argument upon objective evidence of nonobviousness, such as                             
           unexpected results, which would serve to rebut the inference of                         
           obviousness established by the applied prior art.                                       
                 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)(1)(iv)(effective Sept. 13, 2004).                                            
                                            AFFIRMED                                               



                       Edward C. Kimlin   )                                                        
                       Administrative Patent Judge )                                               
                                                          )                                        
                                                          )                                        
                                                          ) BOARD OF PATENT                        
                       Chung K. Pak    )   APPEALS AND                                             
                       Administrative Patent Judge )  INTERFERENCES                                
                                                          )                                        
                                                          )                                        
                                                          )                                        
                       Catherine Timm    )                                                         
                       Administrative Patent Judge )                                               


                                                 5                                                 


Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007