Ex Parte Sano - Page 6

                Appeal 2006-3011                                                                                  
                Application 10/123,110                                                                            
                attaches no criticality to the general orientation of the flakes of iridescent                    
                material. Hence, we find that it would have been an obvious matter of design                      
                choice to orient the flakes in accordance with the desired appearance.                            
                       As a final point, we note that Appellant bases no argument upon                            
                objective evidence of nonobviousness, such as unexpected results, which                           
                would serve to rebut the prima facie case of obviousness established by the                       
                Examiner.                                                                                         
                       In conclusion, based on the foregoing, 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 C.F.R. § 1.136(a)(iv)(effective Sept.                        
                13, 2004).                                                                                        
                                                  AFFIRMED                                                        


                cam                                                                                               


                BIRCH, STEWART, KOLASCJ & BIRCH                                                                   
                P. O. Box 747                                                                                     
                Falls Church, VA   22040-0747                                                                     









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