Ex Parte Mahendran et al - Page 13



           1          F.  Conclusions of law                                                                   
           2          Appellants have sustained their burden on appeal of showing that the                     
           3    Examiner erred in rejecting claims 1, 8-9, 17 and 22 as being anticipated                      
           4    under 35 U.S.C. § 102(b) by Mahendran.                                                         
           5          Appellants have not sustained their burden on appeal of showing that                     
           6    the Examiner erred in rejecting claims 1, 8-9, 17 and 22 as being                              
           7    unpatentable under 35 U.S.C. § 103(a) over the combination of Mahendran                        
           8    and Brun.                                                                                      
           9          On the record before us, Appellants are not entitled to a patent                         
          10    containing claims 1, 8-9, 17 or 22.                                                            
          11          G.  Decision                                                                             
          12          Upon consideration of the appeal, it is                                                  
          13          ORDERED that the decision of the Examiner rejecting claims 1, 8-9,                       
          14    17 and 22 as being anticipated under 35 U.S.C. § 102(b) by Mahendran is                        
          15    reversed.                                                                                      
          16          FURTHER ORDERED that the decision of the Examiner rejecting                              
          17    claims 1, 8-9, 17 and 22 under 35 U.S.C. § 103 over Mahendran is affirmed.                     
          18          FURTHER ORDERED that the appeal is dismissed as to cancelled                             
          19    claims 2-7, 10-16, 18-21 and 23-37.                                                            
          20          FURTHER ORDERED that the time for taking further action is not                           
          21    extendable under the provisions of 37 CFR § 1.136(a) (2006).                                   
          22                                    AFFIRMED                                                       
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