Ex Parte Mears et al - Page 11

                Appeal 2007-0399                                                                                
                Application 09/961,024                                                                          
                problem.”  (KSR Int’l v. Teleflex Inc., 127 S. Ct. at 1742, 82 USPQ2d at                        
                1397 (2007).   Examiner demonstrated that the claimed limitations are                           
                within the prior art, in references within the same field of endeavor, and                      
                addressing the Appellants’ problem on the way to addressing their own.                          
                       Concerning the procedural issue of citing references to establish the                    
                Examiner’s Official Notice of a known technology, we see no error for this                      
                tribunal to address.                                                                            
                                          CONCLUSION OF LAW                                                     
                       Based on the findings of facts and analysis above, we conclude that                      
                Appellants have not established that claims 1 to 14, 16 to 18, 28 to 31, 33 to                  
                44, and 49 were rejected in error.  We will affirm the rejections.                              
                                                  DECISION                                                      
                       The Examiner's rejection of claims 1 to 14, 16 to 18, 28 to 31, 33 to                    
                44, and 49 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)(1)(iv).                                  
                                                 AFFIRMED                                                       


                rwk                                                                                             



                SCHWABE, WILLIAMSON & WYATT, P.C.                                                               
                PACWEST CENTER, SUITE 1900                                                                      
                1211 S.W. FIFTH AVENUE                                                                          
                PORTLAND OR 97204                                                                               


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