Ex parte TENBRINK et al. - Page 9




          Appeal No. 95-3209                                                          
          Application No. 08/020,304                                                  


          the argument does not appear to be germane to the claims under              
          review since these claims do not require that the die or                    
          roller temperatures be high enough to effect a molten                       
          condition of any kind much less one which would be expected to              
          “result in breaking or tearing apart of the wire” as urged by               
          the appellants.                                                             
               Under these circumstances, we will also sustain the § 103              
          rejection of claims 3, 7, 9 and 10 as being unpatentable over               
          Yamamoto in view of the admitted prior art and further in view              
          Takizawa.                                                                   


                                     Conclusion                                       
               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 CFR                    
          § 1.136(a).                                                                 


                                      AFFIRMED                                        






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