Ex parte BROWN - Page 9




                  Appeal No. 2000-0643                                                                                                                    
                  Application 08/273,423                                                                                                                  
                  the evidence of record and appellant’s arguments, we find no error in the examiner’s                                                    
                  conclusion that the evidence relied on by appellant is insufficient to overcome the prima                                               
                  facie case of obviousness.                                                                                                              
                           On this record, we find no error in the examiner’s determination that claim 15 is                                              
                  unpatentable under 35 U.S.C. § 103.  As previously indicated, claims 10 through 14 and                                                  
                  16 fall with claim 15.  Accordingly, the rejection of claims 10 through 16 under 35 U.S.C. §                                            
                  103 is affirmed.                                                                                                                        




                                                                   CONCLUSION                                                                             
                           We have affirmed Rejection II of claims 10 through 16 under 35 U.S.C. § 103, and                                               
                  reversed Rejection I of claims 1 through 9 under the same section of the statute.  BY our                                               

                  action today, claims 1 through 9 are free of rejection.                                                                                 
                           No time period for taking any subsequent action in connection with this appeal may                                             
                  be extended under 37 CFR § 1.136(a).                                                                                                    
                                                               AFFIRMED-IN-PART                                                                           






                                                                                                   )                                                      
                                                      Sherman D. Winters                           )                                                      

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