Ex Parte Fitzgibbon - Page 8

                Appeal 2007-1838                                                                             
                Application 10/118,523                                                                       


                                              CONCLUSION                                                     
                      On the record before us, Appellant has failed to show that the                         
                Examiner has erred in rejecting the claims or the rejection is not supported                 
                by a legally sufficient basis for holding that Cook anticipated the claimed                  
                subject matter.  In view of our analysis above, we sustain the 35 U.S.C.                     
                § 102 rejection of claims 12-17 over Cook.                                                   

                                                DECISION                                                     
                      The decision of the Examiner rejecting claims 12-17 under 35 U.S.C.                    
                § 102 is affirmed.                                                                           
                      No time period for taking any subsequent action in connection with                     
                this appeal may be extended under 37 CFR § 1.136(a)(1)(iv).                                  



















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