Ex parte RHODES et al. - Page 7




                 Appeal No. 95-3976                                                                                                               
                 Application 08/164,733                                                                                                           


                         For the foregoing reasons, we agree with the examiner’s holding that the claimed subject matter                          

                 on appeal is anticipated by Eckert.  Since anticipation is the epitome of obviousness, the rejection of claims                   

                 15-20 under 35 U.S.C. § 103 is also affirmed.  In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641,                                 

                 644 (CCPA 1974).  Accordingly, the examiner’s rejection of claims 15-20 under 35 U.S.C. §§ 102(b)                                

                 and 103 over Eckert 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                                                                         







                                          JOHN D. SMITH                                       )                                                   
                                          Administrative Patent Judge                         )                                                   
                                                                                             )                                                   
                                                                                             )                                                   
                                                                                             )                                                   
                                          CAMERON WEIFFENBACH                                 ) BOARD OF PATENT                                   
                                          Administrative Patent Judge                         ) APPEALS AND                                       
                                                                                             ) INTERFERENCES                                     
                                                                                             )                                                   
                                                                                             )                                                   
                                          CHARLES F. WARREN                                   )                                                   
                                          Administrative Patent Judge                         )                                                   



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