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Ex Parte Matsuoka et al - Page 5

Legal Research Home > Board of Patent Appeals and Interferences > 2007 > Ex Parte Matsuoka et al - Page 5

              Appeal 2007-2207                                                                     
              Application 10/181,810                                                               
              the consideration of a reference is not limited to its examples or preferred         
              embodiments but, rather, to the reference considered as a whole.  As noted           
              above, JP '226 discloses ranges for the claimed components which largely             
              overlap the claimed ranges.                                                          
                    As a final point, we note that Appellants base no argument upon                
              objective evidence of nonobviousness, such as unexpected results, which              
              would serve to rebut the prima facie case of obviousness established by the          
              Examiner.                                                                            
                    In conclusion, based on the foregoing and the reasons well stated by           
              the Examiner, the Examiner's decision rejecting the appealed claims 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)(vi)(effective Sept.           
              13, 2004).                                                                           
                                           AFFIRMED                                                









              cam                                                                                  

              YOUNG & THOMPSON                                                                     
              745 SOUTH 23RD STREET                                                                
              2ND FLOOR                                                                            
              ARLINGTON, VA   22202                                                                

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