Ex Parte Lang et al - Page 6



            Appeal 2007-1195                                                                                 
            Application 10/381,340                                                                           
            gable-shaped side lip disclosed by Hauptmann on the chisel of Jenny.  The                        
            Examiner merely states a conclusion that the motivation to combine is found in the               
            knowledge available to one of ordinary skill.  This statement is devoid of any                   
            explanation or detail as to obviousness.                                                         

                                 CONCLUSIONS OF LAW AND ORDER                                                
                   We conclude that the examiner has established that claims 1, 2, 5, and 7 lack             
            novelty over the Jenny reference.  The rejection of these claims is affirmed.  The               
            rejections of claims 3 and 4 under §§ 102 and 103, respectively, are not 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).  See 37 C.F.R.                                
            § 1.136(a)(1)(iv) (2006).                                                                        
                                          AFFIRMED-IN-PART                                                   


            JRG                                                                                              


            VENABLE LLP                                                                                      
            P.O. BOX 34385                                                                                   
            WASHINGTON, DC 20043-9998                                                                        






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