Ex Parte Chen et al - Page 9



                Appeal 2007-1262                                                                              
                Application 10/697,532                                                                        

                      The Appellants argue that the Chen patent claims are all directed to a                  
                product, rather than a method, and that this claimed product is not defined as                
                comprising a surface which is first textured and then printed with a printed                  
                pattern in registration with the textured surface (Br. 32-39).  While this is                 
                true, these method and product features would have been suggested by                          
                Hansson and Casto.  The Appellants’ contrary view regarding this last-                        
                mentioned point is not well taken for reasons fully explained above.                          
                      Under these circumstances, we also hereby sustain the obviousness-                      
                type double patenting rejections of all appealed claims over the claims of                    
                Chen ‘009, Chen ‘460, and Chen ‘934 in view of Hansson and further in                         
                view of Casto.                                                                                
                                              CONCLUSION                                                      
                      The decision of the Examiner 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                                                      




                clj                                                                                           
                Kilyk & Bowersox, P.L.L.C.                                                                    
                400 Holiday Court                                                                             
                Suite 102                                                                                     
                Warrenton, VA  20186                                                                          
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