Ex Parte Smith et al - Page 5



               Appeal 2006-3109                                                                             
               Application 10/743,936                                                                       

               optimum results.  In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219                         
               (CCPA 1980).                                                                                 
                      As a final point, we note that Appellants base 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 CFR § 1.136(a)(1)(iv) (2005).                           
                                               AFFIRMED                                                     









               clj                                                                                          
               Christopher John Rudy                                                                        
               Suite 8                                                                                      
               209 Huron Avenue                                                                             
               Port Huron, MI  48060                                                                        


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