Ex Parte Surh et al - Page 7

                 Appeal 2007-0169                                                                                        
                 Application 10/262,015                                                                                  
                 The Appelants only argue that Pisharody does not teach non-claimed                                      
                 materials for forming nanolaminate components (Br. 4).  Specifically, the                               
                 Appellants only contend (id.) that:                                                                     
                        The rejection of claim 6 should be withdrawn because it                                          
                        depends from claim 1, which should be allowable over the                                         
                        reference as discussed above.                                                                    
                 Thus, for the reasons indicated above, we determine that Pisharody would                                
                 have rendered the subject matter of claim 6 obvious to one of ordinary skill                            
                 in the art within the meaning of 35 U.S.C. § 103(a).                                                    

                 V.  CONCLUSION                                                                                          
                        Having carefully evaluated the claims, Specification and prior art                               
                 reference, including the arguments advanced by the Appellants and the                                   
                 Examiner in support of their respective positions, we determine that the                                
                 Examiner’s § § 102(e) and 103(a) rejections are well founded.  Accordingly,                             
                 we will sustain the Examiner’s decision rejecting the claims on appeal for                              
                 the factual findings and conclusions set forth here and in the Answer.                                  

                 VI.  ORDER                                                                                              
                        The Examiner’s decision rejecting the claims on appeal under                                     
                 35 U.S.C. § § 102(e) and 103(a) is affirmed.                                                            








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