Ex Parte Surh et al - Page 9

                 Appeal 2007-0170                                                                                        
                 Application 10/262,510                                                                                  
                        nanolaminate or at least one micron wide, as required in these                                   
                        claims, depending on desired flow characteristics in the system.                                 
                 The Appellants only argue that Pisharody does not teach non-claimed                                     
                 materials for forming nanolaminate components (Br. 5).  Specifically, the                               
                 Appellants only contend (id.) that:                                                                     
                        The rejection of claim[s] 5 and 11 should be withdrawn because                                   
                        they depend 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 claims 5 and 11 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 § § 112, 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 in the Answer                                 
                 above.                                                                                                  

                 VI.  ORDER                                                                                              
                        The Examiner’s decision rejecting the claims on appeal under                                     
                 35 U.S.C. §§ 112, 102(e) and 103(a) is affirmed.                                                        




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