Ex Parte Schulte - Page 7

                 Appeal 2006-2254                                                                                      
                 Application 10/182,369                                                                                
                 of obviousness with respect to the argued claims under consideration which                            
                 has not been successfully rebutted by Appellant.  Therefore, the rejections                           
                 under review are affirmed.                                                                            
                                                  CONCLUSION                                                           
                        For the foregoing reasons and those set forth in the Answer, having                            
                 considered Appellant's arguments, based on the totality of the record, we                             
                 determine that the Examiner has established  prima facie of cases of                                  
                 unpatentability under §§ 102 and 103 which have not been adequately                                   
                 rebutted by Appellant.  Accordingly, the Examiner's rejections under                                  
                 35 U.S.C. §§ 102 and 103 have been affirmed.                                                          
                        No time period for taking any subsequent action in connection with                             
                 this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(2004).                                     
                                                    AFFIRMED                                                           


                 cam                                                                                                   
                 Mark S. Bicks                                                                                         
                 ROYLANCE ABRAMS BERDO & GOODMAN                                                                       
                 Suite 600                                                                                             
                 1300 19th Street, N.W.                                                                                
                 Washington, DC   20036                                                                                









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