Ex Parte Lelental et al - Page 9

                  Appeal 2006-2950                                                                                             
                  Application 10/036,126                                                                                       

                  carried such burden.  Accordingly, from our perspective, the claimed                                         
                  functional limitation “for forming an electrically conductive antistatic layer”                              
                  recited in the appealed claims does not preclude the above combination                                       
                  taught by Muys.                                                                                              
                          Accordingly, for the factual findings set forth above and in the                                     
                  Answer, we concur with the Examiner that Muys and Gardener would have                                        
                  rendered the subject matter recited in claims 1 through 12 and 17 through 19                                 
                  obvious within the meaning of 35 U.S.C. § 103.                                                               

                  VII. ORDER                                                                                                   
                          The decision of the Examiner is affirmed.                                                            

                  VIII.  TIME PERIOD                                                                                           
                          No time period for taking any subsequent action in connection with                                   
                  this appeal may be extended under 37 C.F.R. § 1.136(a).                                                      
                                                        AFFIRMED                                                               



                  cam                                                                                                          

                  Paul A. Leipold                                                                                              
                  Patent Legal Staff                                                                                           
                  Eastman Kodak Company                                                                                        
                  343 State Street                                                                                             
                  Rochester, NY   14650-2201                                                                                   



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