Ex Parte Alexander - Page 14

                Appeal 2007-2097                                                                              
                Application 10/746,644                                                                        
                      iii. The Rejection of Claim 7 Under 35 U.S.C. § 103(a) as                               
                             Unpatentable over Admitted Prior Art, Tate, Oddo,                                
                             Lipford, and Carter                                                              

                      Alexander states that, if the subject matter of claim 4 is obvious                      
                over the prior art, then the subject matter of claim 7 is likewise                            
                obvious.  As we affirmed the Examiner’s rejection of claim 4 as                               
                obvious over the prior art, we likewise affirm the Examiner’s rejection                       
                of claim 7.                                                                                   

                                           CONCLUSION                                                         
                      Upon consideration of the record and for the reasons given, it                          
                is:                                                                                           
                      Ordered that the Examiner’s rejection of claims 1-3 under 35                            
                U.S.C. § 103(a) as being unpatentable over admitted prior art taken in                        
                view of Tate and further in view of Oddo is affirmed.                                         
                      Further Ordered that the Examiner’s rejection of claims 4-6                             
                under 35 U.S.C. § 103(a) as being unpatentable over admitted prior art                        
                taken in view of Tate, Oddo and Lipford is affirmed.                                          
                      Further Ordered that the Examiner’s rejection of claim 7 under                          
                35 U.S.C. § 103(a) as being unpatentable over admitted prior art taken                        
                in view of Tate, Oddo, Lipford and Carter is affirmed.                                        
                      Further Ordered that no time period for taking any subsequent                           
                action in connection with this appeal may be extended under 37                                
                C.F.R. § 1.136(a).                                                                            
                                             AFFIRMED                                                         



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