Ex parte KIRK et al. - Page 12

          Appeal No. 1997-2446                                                         
          Application 08/223,351                                                       



          with the examiner's conclusion that one having ordinary skill in the         
          art would have found the claimed invention as a whole obvious within         
          the meaning of 35 U.S.C. § 103.                                              
                    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                                        





                         EDWARD C. KIMLIN             )                                
                         Administrative Patent Judge  )                                
                                                        )                              
                                                        )                              
                                                        )   BOARD OF                   
          PATENT                                                                       
                         JOHN D. SMITH                )     APPEALS AND                
                         Administrative Patent Judge  )                                
          INTERFERENCES                                                                
                                                        )                              
                                                        )                              
                                                        )                              
                         THOMAS A. WALTZ              )                                
                         Administrative Patent Judge  )                                





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