Ex Parte Aguilar et al - Page 6

                Appeal 2006-2315                                                                               
                Application 10/437,163                                                                         
                                                 CONCLUSION                                                    
                   We conclude that the facts and reasons set forth by the Examiner are                        
                sufficient to establish a prima facie showing of unpatentability of claims 1-                  
                17 under 35 U.S.C. § 103.  Appellants have failed to overcome this showing.                    
                                                   ORDER                                                       
                      The final rejection of claims 1-17 under 35 U.S.C § 103(a) as                            
                unpatentable over Gelfand as further evidenced by McGee, Lowe and Jay 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                                                                                            


                Unilever Intellectual Property Group                                                           
                700 Sylvan Avenue                                                                              
                Bldg. C2 South                                                                                 
                Englewood Cliffs, NJ  07632-3100                                                               


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