Ex Parte Tuomela - Page 7



                Appeal 2007-1384                                                                             
                Application 10/122,683                                                                       

                      In light of the foregoing, it is our ultimate determination that the                   
                evidence as a whole in the record before us weighs most heavily in favor of                  
                an obviousness conclusion.  We hereby sustain, therefore, the § 103                          
                rejection of all appealed claims as being unpatentable over Mayer in view of                 
                Fitterman.                                                                                   
                      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                                                                                          
                Sherrill Law Offices                                                                         
                4756 Banning Ave.                                                                            
                Suite 212                                                                                    
                White Bear Lake, MN  55110-3205                                                              










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