Ex Parte Gerber - Page 13

              Appeal 2007-2371                                                                      
              Application 10/426,654                                                                

              demonstrate that the Examiner erred in concluding that claim 3 is obvious             
              over Anselem and Roth.  We therefore affirm the Examiner’s obviousness                
              rejection of claim 3.  Claims 4, 5, 7, and 9 fall with claim 3 because they           
              were not argued separately.  37 C.F.R. § 41.37(c)(1)(vii).                            
                                            SUMMARY                                                 
                    We affirm the Examiner’s rejection of claims 1, 2, 6, 8, and 20-22              
              under 35 U.S.C. § 102(b) as anticipated by Anselem.  We also affirm the               
              Examiner’s rejection of claims 3-5, 7, and 9 under 35 U.S.C. § 103 as                 
              obvious over Anselem and Roth.                                                        
                    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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